Summary
A 63-year-old U.S. citizen and engineer, originally from Hong Kong, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons (SOR) alleged that his mother-in-law and three of his wife's siblings are citizens and residents of China. Additionally, the SOR noted that the applicant renewed his expired Hong Kong permanent identity card in July 2009.
Disqualifying conditions were raised under Adjudicative Guidelines (AG) ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(d). However, mitigating conditions AG ¶ 8(b) and AG ¶ 11(e) were applied.
The judge determined that the applicant's strong allegiance to the United States and his proactive mitigation efforts outweighed the identified risks. He demonstrated a commitment to not jeopardize his family's future and destroyed his Hong Kong identity card. Furthermore, all of his immediate family members are U.S. citizens, which reduced the risk of foreign influence.
Why the Applicant Prevailed
- The applicant demonstrated a strong allegiance to the United States, stating he would not jeopardize his family's future.
- He took proactive steps to mitigate security concerns, including destroying his Hong Kong identity card.
- The applicant's immediate family members are all U.S. citizens, reducing the risk of foreign influence.
Conditions Referenced
- AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant's wife has family in China, creating a heightened risk of foreign exploitation.
- AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's wife's family ties create a potential conflict of interest.
- AG ¶ 7(d)raisedSharing Living Quarters with Foreign PersonsThe applicant's wife travels to China, increasing vulnerability to coercion.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant has deep and longstanding relationships in the U.S. that outweigh foreign ties.
- AG ¶ 11(e)appliedDestruction of Foreign PassportThe applicant destroyed his Hong Kong identity card upon realizing it raised security concerns.
Key Rule Quoted
“"Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG."”
Procedural Posture
- SOR issuedJun 26, 2013
- Answer filedJul 18, 2013
- Hearing heldSep 18, 2013
- Decision dateOct 18, 2013Decision delayed due to furlough of administrative judges.
Cite For
- Mitigating Factors Related to Foreign Family Ties Under Guideline B
- Impact of Destroying Foreign Identity Documents on Security Clearance Decisions
- Consideration of Applicant's Long-standing Ties to the U.S. in Mitigating Foreign Influence Concerns.