Summary
The applicant, a 59-year-old naturalized U.S. citizen originally from the People's Republic of China (PRC), faced security concerns under Guideline B due to her close relationships with family members who are PRC citizens. Despite her long-term residency in the U.S. and lack of direct ties to the PRC government, the judge found that the applicant failed to mitigate the foreign influence concerns, resulting in a denial of her security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s mother, sister, and brothers are citizens of the PRC, a totalitarian state and strategic competitor of the U.S., which aggressively seeks to acquire U.S. military and industrial technology by any means necessary (1.a). Applicant rarely talks with her brothers (1.b). Applicant’s husband is also a PRC resident. However, he lives in the U.S., dividing his time between Applicant’s home and the town where he works (1.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(c). The decision turned on the following: The applicant has close relationships with family members who are PRC citizens, raising foreign influence concerns; The PRC is a totalitarian state with a significant intelligence infrastructure that poses a threat to U.S. national security; The applicant's ties to her family in the PRC, despite her long-term U.S. residency, were deemed insufficient to mitigate the risks associated with foreign influence.
Why the applicant was denied
- The applicant has close relationships with family members who are PRC citizens, raising foreign influence concerns.
- The PRC is a totalitarian state with a significant intelligence infrastructure that poses a threat to U.S. national security.
- The applicant's ties to her family in the PRC, despite her long-term U.S. residency, were deemed insufficient to mitigate the risks associated with foreign influence.
Conditions referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(d)rejectedSharing Living Quarters with a Foreign NationalThe applicant's husband lives in the U.S. and does not create a heightened risk.
- AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign CitizensThe applicant rarely communicates with her brothers.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedMar 17, 2009
- Answer filedApr 11, 2009
- Hearing heldJul 8, 2009
- Decision dateSep 1, 2009
Cite for
- Foreign Influence Concerns Under Guideline B
- Impact of Familial Ties to Foreign Nationals on Security Clearance Eligibility
- The Whole Person Concept in Evaluating Security Clearance Cases