Summary
The applicant, a 52-year-old senior system analyst and U.S. citizen originally from the People's Republic of China (PRC), faced security concerns under Guideline B due to her family ties in the PRC. Despite these ties, the judge granted her security clearance, finding that her loyalty to the U.S. was unequivocal and that she had taken steps to mitigate potential risks associated with her foreign connections.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s parents are citizens and residents of the PRC (1.a). Applicant’s spouse is a citizen of the PRC residing in the U.S (1.b). Applicant’s sister is a citizen and resident of the PRC (1.c). Applicant’s father-in-law is a citizen and resident of the PRC (1.d). Applicant’s brother-in-law is a citizen and resident of the PRC (1.e). Applicant has a friend who is a citizen and resident of the PRC, with whom she has contact about once a year (1.f). Applicant has contact with family members in the PRC about once a week (1.g). Applicant has contact with a friend in the PRC about once a year (1.h). Applicant traveled to the PRC to visit family members (1.i).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(i). The judge applied mitigating conditions AG ¶ 8(a), AG ¶ 8(b). The decision turned on the following: The applicant demonstrated strong loyalty to the United States, stating she is 'one hundred percent loyal' and considers it her country; She has no financial interests in the PRC and has taken steps to limit contact with individuals in the PRC; The applicant's family members in the PRC do not have significant ties to the government or military.
Why the Applicant Prevailed
- The applicant demonstrated strong loyalty to the United States, stating she is 'one hundred percent loyal' and considers it her country.
- She has no financial interests in the PRC and has taken steps to limit contact with individuals in the PRC.
- The applicant's family members in the PRC do not have significant ties to the government or military.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 7(i)raisedConduct While Traveling That May Make the Individual Vulnerable to Foreign Pressure
- AG ¶ 8(a)appliedThe Nature of the Relationships with Foreign Persons Is Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual and the U.S.
- AG ¶ 8(b)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Foreign Influence.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedSep 18, 2008
- Answer filedOct 18, 2008
- Hearing heldSep 23, 2009
- Decision dateDec 7, 2009
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Demonstrating Loyalty to the U.S. Despite Foreign Family Ties
- The Impact of Personal History on Security Clearance Eligibility