Summary
A 31-year-old naturalized U.S. citizen, originally from Burma, sought a security clearance under Guideline B (Foreign Influence). Concerns arose because the applicant was born in Burma in 1980 and immigrated to the U.S. with his parents in 1996 at age sixteen. Additionally, his mother-in-law, father-in-law, brother-in-law, and sister-in-law are citizens and residents of Burma. His mother-in-law owns a clothing store, and his father-in-law is an assistant manager at a plastics factory in Burma.
However, the applicant demonstrated no foreign business, financial interests, property, investments, or assets in Burma, with all assets located in the United States. The applicant has lived in the U.S. since age 16, adopting American culture and values.
The decision to grant the security clearance was based on the applicant's strong commitment to the U.S. and the determination that his limited and infrequent contact with foreign relatives posed no security risk.
Why the Applicant Prevailed
- The applicant is a naturalized U.S. citizen who has lived in the U.S. since age 16 and has adopted American culture and values.
- The applicant has no foreign business, financial interests, or assets in Burma, and all his assets are in the U.S.
- The applicant's limited contact with foreign relatives was deemed casual and infrequent, posing no security risk.
Conditions Referenced
- 7.araisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident of a Foreign Country If That Contact Creates a Heightened Risk of Foreign Exploitation, Inducement, Manipulation, Pressure, or Coercion.
- 7.braisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest Between the Individual’s Obligation to Protect Sensitive Information or Technology and the Individual’s Desire to Help a Foreign Person, Group, or Country by Providing That Information.
- 8.aappliedThe Nature of the Relationships with Foreign Persons, the Country in Which These Persons Are Located, or the Positions or Activities of Those Persons in That Country Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual, Group, Organization, or Government and the Interests of the U.S.
- 8.bappliedThere Is No Conflict of Interest, Either Because the Individual’s Sense of Loyalty or Obligation to the Foreign Person, Group, Government, or Country Is so Minimal, or the Individual Has Such Deep Longstanding Relationships and Loyalties in the U.S., That the Individual Can Be Expected to Resolve Any Conflict of Interest in Favor of the U.S. Interest.
- 8.cappliedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence or Exploitation.
Key Rule Quoted
“The Government must make out a case under Guideline B (foreign influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedJun 16, 2011
- Answer filedJul 23, 2011
- Hearing heldOct 12, 2011via in-person hearing
- Decision dateNov 29, 2011
Cite For
- Mitigation of Foreign Influence Concerns Due to Minimal Contact with Foreign Relatives
- Importance of Demonstrating Loyalty to the U.S. in Security Clearance Cases
- Consideration of the Applicant's Whole-person Assessment in Security Clearance Determinations.