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Summary

The applicant, a 38-year-old naturalized U.S. citizen from the People's Republic of China (PRC), faced security concerns under Guideline B (Foreign Influence) due to extensive family ties in the PRC, including relatives employed by the government. The judge found that these connections created a heightened risk of foreign exploitation and that the applicant failed to demonstrate sufficient loyalty to U.S. interests, resulting in a denial of his security clearance application.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s mother is a citizen and resident of the PRC. His sister is a citizen and resident of the PRC. She is an office manager for the PRC highway department. Applicant’s brother is a citizen and resident of the PRC. He was jailed by the PRC authorities from June 2000 to June 2003 for taking bribes. Applicant’s brother-in-law is a citizen and resident of the PRC. He is employed as a statistician for the PRC government. Applicant’s sister-in-law is also a citizen and resident of the PRC. She works for the PRC tax collection department. Applicant’s father-in-law and mother-in-law are citizens and residents of the PRC. The father-in-law is a retired police officer in the PRC (1.a). Applicant’s mother is a citizen and resident of the PRC. His sister is a citizen and resident of the PRC. She is an office manager for the PRC highway department. Applicant’s brother is a citizen and resident of the PRC. He was jailed by the PRC authorities from June 2000 to June 2003 for taking bribes. Applicant’s brother-in-law is a citizen and resident of the PRC. He is employed as a statistician for the PRC government. Applicant’s sister-in-law is also a citizen and resident of the PRC. She works for the PRC tax collection department. Applicant’s father-in-law and mother-in-law are citizens and residents of the PRC. The father-in-law is a retired police officer in the PRC (1.b). Applicant’s mother is a citizen and resident of the PRC. His sister is a citizen and resident of the PRC. She is an office manager for the PRC highway department. Applicant’s brother is a citizen and resident of the PRC. He was jailed by the PRC authorities from June 2000 to June 2003 for taking bribes. Applicant’s brother-in-law is a citizen and resident of the PRC. He is employed as a statistician for the PRC government. Applicant’s sister-in-law is also a citizen and resident of the PRC. She works for the PRC tax collection department. Applicant’s father-in-law and mother-in-law are citizens and residents of the PRC. The father-in-law is a retired police officer in the PRC (1.c). Applicant’s mother is a citizen and resident of the PRC. His sister is a citizen and resident of the PRC. She is an office manager for the PRC highway department. Applicant’s brother is a citizen and resident of the PRC. He was jailed by the PRC authorities from June 2000 to June 2003 for taking bribes. Applicant’s brother-in-law is a citizen and resident of the PRC. He is employed as a statistician for the PRC government. Applicant’s sister-in-law is also a citizen and resident of the PRC. She works for the PRC tax collection department. Applicant’s father-in-law and mother-in-law are citizens and residents of the PRC. The father-in-law is a retired police officer in the PRC (1.d). Applicant’s mother is a citizen and resident of the PRC. His sister is a citizen and resident of the PRC. She is an office manager for the PRC highway department. Applicant’s brother is a citizen and resident of the PRC. He was jailed by the PRC authorities from June 2000 to June 2003 for taking bribes. Applicant’s brother-in-law is a citizen and resident of the PRC. He is employed as a statistician for the PRC government. Applicant’s sister-in-law is also a citizen and resident of the PRC. She works for the PRC tax collection department. Applicant’s father-in-law and mother-in-law are citizens and residents of the PRC. The father-in-law is a retired police officer in the PRC (1.e). Applicant’s mother is a citizen and resident of the PRC. His sister is a citizen and resident of the PRC. She is an office manager for the PRC highway department. Applicant’s brother is a citizen and resident of the PRC. He was jailed by the PRC authorities from June 2000 to June 2003 for taking bribes. Applicant’s brother-in-law is a citizen and resident of the PRC. He is employed as a statistician for the PRC government. Applicant’s sister-in-law is also a citizen and resident of the PRC. She works for the PRC tax collection department. Applicant’s father-in-law and mother-in-law are citizens and residents of the PRC. The father-in-law is a retired police officer in the PRC (1.f). Applicant’s mother is a citizen and resident of the PRC. His sister is a citizen and resident of the PRC. She is an office manager for the PRC highway department. Applicant’s brother is a citizen and resident of the PRC. He was jailed by the PRC authorities from June 2000 to June 2003 for taking bribes. Applicant’s brother-in-law is a citizen and resident of the PRC. He is employed as a statistician for the PRC government. Applicant’s sister-in-law is also a citizen and resident of the PRC. She works for the PRC tax collection department. Applicant’s father-in-law and mother-in-law are citizens and residents of the PRC. The father-in-law is a retired police officer in the PRC (1.g).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: Applicant has extensive family ties in the PRC, including relatives employed by the government; The applicant's brother was incarcerated by PRC authorities for bribery, raising concerns about potential coercion; The applicant did not provide evidence of strong ties or loyalty to the U.S. to mitigate the security concerns.

Why the Applicant Was Denied

• Applicant has extensive family ties in the PRC, including relatives employed by the government.
• The applicant's brother was incarcerated by PRC authorities for bribery, raising concerns about potential coercion.
• The applicant did not provide evidence of strong ties or loyalty to the U.S. to mitigate the security concerns.

Conditions Referenced

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

• SOR issuedSep 12, 2011
• Answer filedSep 20, 2011Applicant requested decision on written record.
• Hearing held—No hearing; decision based on written record.
• Decision dateFeb 27, 2012

Cite For

• Security Concerns Related to Foreign Influence Under Guideline B
• Impact of Family Ties in Foreign Countries on Security Clearance Eligibility
• Burden of Proof on Applicant to Mitigate Disqualifying Conditions