Summary
The applicant, a 41-year-old U.S. citizen and government contractor, faced security concerns under Guideline B (Foreign Influence) due to familial ties in the People's Republic of China (PRC). Despite her parents' membership in the Communist Party and her limited contact with them, the judge found that her strong ties to the U.S. and lack of recent travel to the PRC mitigated the concerns, leading to a granted security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s mother, father, brother, aunt, and uncle are citizens and residents of the PRC (1.a). Applicant’s parents live and work in the PRC. They are members of the Communist Party in the PRC (1.b). Applicant has an uncle who is a university professor living in the PRC. She speaks with him once a year (1.c). Applicant has an aunt who is a member of the Communist Party and lives in the PRC. Applicant speaks with her once a year (1.d). Applicant has a brother who is a banker in the PRC. He is not a member of the Communist Party (1.e). Applicant’s mother-in-law lives in the PRC. She lives in a rural community. She is not a member of the Communist Party (1.f). Applicant’s father visited her in 2008. She does not speak to her mother because of some past conflict (1.g). Applicant communicates with her father about once every two months by telephone (1.h). Applicant expressed her loyalty to the United States (1.i). Applicant has not traveled to the PRC for 10 years and has no plans to travel there in the future (1.j).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: Applicant demonstrated strong ties to the U.S. through citizenship, property ownership, and family; Limited contact with foreign relatives reduced the risk of foreign influence; Applicant's loyalty to the U.S. was established as paramount over familial connections.
Why the Applicant Prevailed
- Applicant demonstrated strong ties to the U.S. through citizenship, property ownership, and family.
- Limited contact with foreign relatives reduced the risk of foreign influence.
- Applicant's loyalty to the U.S. was established as paramount over familial connections.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
- AG ¶ 8(c)appliedInfrequent Contact with Foreign Relatives
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 10, 2009
- Answer filedSep 11, 2009Applicant requested a decision without a hearing.
- Hearing heldFeb 22, 2010
- Decision dateJul 1, 2010
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Importance of U.S. Ties in Evaluating Foreign Contacts
- Consideration of Infrequent Communication with Foreign Relatives in Security Clearance Decisions.