Summary
The applicant, a 50-year-old naturalized U.S. citizen originally from China, faced security concerns under Guideline B due to her close family ties to multiple relatives residing in China, including her mother and brother. Despite her claims of loyalty to the U.S. and her compliance with reporting requirements, the judge found that the potential for foreign influence was not sufficiently mitigated, leading to a denial of her security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant’s mother, brother, mother-in-law, husband’s two brothers, two sisters, and their families are citizens and residents of the People’s Republic of China (China) (1.a). Applicant has a loving relationship with her mother and speaks to her on a weekly basis by phone for approximately 30 minutes each call. Applicant does not regularly send her mother financial support, but indicated that she sent approximately $1,000 in 2003; $1,000 in 2004, and an undisclosed amount after her father passed away in 2006 (1.b). Applicant’s husband, with whom she shares a residence, has an emotional connection to his family in China, as demonstrated by his calls to them every two weeks and by sending them money occasionally (1.c). Applicant travels to China to see her mother and in-laws approximately every two years. She is planning a trip to China this fall (1.d).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(d). The judge applied mitigating conditions AG ¶ 8(b), AG ¶ 8(c). The decision turned on the following: The applicant has close family ties to multiple relatives in China, including her mother and brother, which raises security concerns under Guideline B; The applicant's mother is supported by retirement funds from the Chinese government, indicating a potential for foreign influence; The applicant's frequent communication and travel to China demonstrate a significant connection to a country known for espionage and human rights abuses.
Why the Applicant Was Denied
- The applicant has close family ties to multiple relatives in China, including her mother and brother, which raises security concerns under Guideline B.
- The applicant's mother is supported by retirement funds from the Chinese government, indicating a potential for foreign influence.
- The applicant's frequent communication and travel to China demonstrate a significant connection to a country known for espionage and human rights abuses.
Conditions Referenced
- AG ¶ 7(a)raisedForeign Contacts and InterestsThe applicant has family members who are citizens and residents of China, a country known for targeting U.S. citizens for espionage.
- AG ¶ 7(d)raisedSharing Living QuartersThe applicant shares a residence with her husband, who has emotional ties to his family in China, creating a potential risk of foreign influence.
- AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant has longstanding ties to the U.S., including home ownership and retirement savings.
- AG ¶ 8(c)appliedInfrequent ContactThe applicant's contact with her in-laws is infrequent, reducing the likelihood of foreign influence.
Key Rule Quoted
“The protection of the national security is the paramount consideration and any doubt must be resolved in favor of national security.”
Procedural Posture
- SOR issuedJun 27, 2014
- Answer filedJul 21, 2014
- Hearing heldOct 14, 2014Hearing conducted as scheduled.
- Decision dateNov 6, 2014
Cite For
- Security Concerns Related to Foreign Influence Under Guideline B
- Impact of Familial Ties to Foreign Nationals on Security Clearance Eligibility
- Consideration of the Whole-person Concept in Security Clearance Decisions