Summary
The applicant, a 33-year-old defense contractor and U.S. citizen, sought to retain his SECRET security clearance amid concerns of foreign influence due to his marriage to a Chinese national and financial difficulties. The judge found that the applicant mitigated the security concerns by demonstrating a lack of direct ties to the People's Republic of China and a proactive approach to resolving his financial issues, ultimately granting his security clearance.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant is married to a citizen and resident of the People’s Republic of China (PRC) (1.a). Applicant’s father-in-law and mother-in-law are both Chinese citizens and residents of PRC (1.b). Applicant has a cousin-in-law who is a citizen of PRC (1.c). Applicant has visited PRC on four occasions, including for his wedding (1.d). In October 2007, Applicant notified the Veterans Administration (VA) of his intention to enroll in courses from an online university, and he obtained a letter of eligibility. He submitted the appropriate paperwork to the school for reimbursement coverage under the Montgomery GI Bill, but unfortunately for Applicant, the school failed to properly process the paperwork. The unpaid tuition debt, totaling $2,955, was sent to collection (2.a). In about May 2006, when Applicant relocated his residence to the other coast, he notified the pet hospital to cancel his pet insurance. Unbeknownst to him, instead of cancelling the insurance, the creditor either erroneously set it up to not renew, or caused it to automatically renew. The creditor was unable to contact Applicant at his old address, and the account, with an unpaid balance of $168, became delinquent, and was sent to collection. When Applicant became aware of the delinquency, he contacted the creditor who corrected the account. On November 20, 2008, Applicant satisfied the account with a payment of $139.75 (2.b). Because of his unemployment status in 2006, Applicant found it increasingly difficult to remain current on his monthly payments for his American Express Credit Card. As a result, the account was eventually sent to collection (2.c). Applicant entered into a repayment agreement with the creditor under which he was to make monthly payments of $200 until the debt is satisfied. He has complied with that agreement since that time, and the account is nearly paid off (2.d). The balance has since increased to $6,520, and the account has been transferred to another collection agency. Applicant has been attempting to contact the new collection agency in an effort to set up repayment arrangements (2.e). On December 18, 2008, Applicant entered into a repayment agreement with the creditor under which he was to make monthly payments of $200 until the debt is satisfied. He has complied with that agreement since that time, and the account is nearly paid off (2.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 6, AG ¶ 19. The judge applied mitigating conditions AG ¶ 20. The decision turned on the following: The applicant has no financial interests or blood relations in the PRC; He maintained only indirect relationships with his wife's family in the PRC, with no evidence of espionage or criminal activity; The applicant demonstrated a proactive approach to resolving his financial issues, including establishing payment plans.
Why the Applicant Prevailed
- The applicant has no financial interests or blood relations in the PRC.
- He maintained only indirect relationships with his wife's family in the PRC, with no evidence of espionage or criminal activity.
- The applicant demonstrated a proactive approach to resolving his financial issues, including establishing payment plans.
Conditions Referenced
- AG ¶ 6raisedForeign Influence
- AG ¶ 19raisedFinancial Considerations
- AG ¶ 20appliedForeign Influence
- AG ¶ 20appliedFinancial Considerations
Key Rule Quoted
“The mere existence of a relationship with a foreign national does not automatically create a security concern; the nature of the relationship and the applicant's actions are critical.”
Procedural Posture
- SOR issuedNov 3, 2008
- Answer filedNov 26, 2008
- Hearing heldMar 24, 2009
- Decision dateMay 29, 2009
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Resolution of Financial Issues Under Guideline F
- Consideration of Indirect Relationships with Foreign Nationals