ISCR Case 14-05743.h1

Case Headnote

ISCR Case No. 14-05743.h1

grantedFeb 29, 2016· Hon. Martin H. Mogul· hearing

Summary

A 45-year-old naturalized U.S. citizen, originally from the People's Republic of China (PRC), sought a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons (SOR) alleged that her parents, brother, sister, and in-laws are all citizens and residents of the PRC. Her parents and in-laws are retired, having worked in medical chemical factories or community hospitals. Her brother, a retired chemical engineer, and her sister, a university nurse, also reside in the PRC. The applicant maintains minimal contact with these family members, speaking to her parents monthly, her brother annually, her sister three to four times a year via email, and her in-laws one to two times a year. She has not seen any of them in 17 years, except for her parents who visited the U.S. in 2006.

The SOR also alleged that the applicant owned a home in the PRC where her in-laws resided and possessed a PRC passport issued in 2008. However, the applicant testified that the house was a gift to her husband, never registered in her name, and was subsequently transferred back to her father-in-law, eliminating any financial interest. She also stated that she destroyed her PRC passport after becoming a U.S. citizen. The applicant further clarified that none of her family members worked for the PRC Government, and she has never provided them financial support. She and her husband earn approximately $255,000 annually plus bonuses, and she has about $800,000 saved in U.S. financial institutions.

The judge found that the applicant's strong ties to the U.S., including not visiting the PRC in over 17 years, having no financial interests or professional affiliations with the country, and her credible testimony, mitigated the security concerns. Her loyalty to the U.S. was convincingly demonstrated, leading to a GRANTED security clearance.

Why the Applicant Prevailed

The applicant has not visited the PRC since moving to the U.S. over 17 years ago.
The applicant has no financial interests or professional affiliations with the PRC.
The applicant's loyalty to the U.S. was convincingly demonstrated through her testimony and character references.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(e)raisedSubstantial Business, Financial, or Property Interest in a Foreign Country
AG ¶ 10(a)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship

Mitigating

AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(f)appliedValue of Property Interests Unlikely to Result in Conflict
AG ¶ 11(a)appliedNo Affirmative Act of Foreign Citizenship After U.S. Citizenship
AG ¶ 11(c)appliedDestruction of Foreign Passport
AG ¶ 11(e)appliedNo Divided Loyalty Due to Strong U.S. Ties

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 issuedFeb 20, 2015
Answer filedApr 14, 2015
Hearing heldAug 26, 2015
Decision dateFeb 29, 2016

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Mitigation of Foreign Preference Concerns Under Guideline C
Consideration of Strong U.S. Ties in Security Clearance Decisions.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	It is alleged in the SOR that Applicant’s father is a citizen and resident of the PRC. Applicant’s father is 76 and retired. He was a chemical engineer for a local medicine chemical factory. She speaks to her father approximately once a month. She has only seen her parents once in the last 17 years, in 2006, when they came to visit Applicant in the U. S. (Tr at 57-59.) Applicant averred that none of her family members ever worked for the PRC Government, and she has never offered financial support to any of her PRC relatives. (Tr at 64, 71.)	For Applicant	Parent in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.b	It is alleged in the SOR that Applicant’s mother is a citizen and resident of the PRC. Applicant’s mother is also 76 and retired. She worked as a technician for the same medical chemical company as Applicant’s father. Applicant speaks to her mother with the same frequency as her father. (Tr at 59.)	For Applicant	Parent in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.c	It is alleged in the SOR that Applicant’s brother is a citizen and resident of the PRC. Applicant testified that her brother is 53, and was a chemical engineer for an automobile company, but he is also retired. She speaks to him once a year on Chinese New Year Day, and she has not seen him in 17 years. (Tr at 60-61.)	For Applicant	Sibling in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.d	It is alleged in the SOR that Applicant’s sister is a citizen and resident of the PRC. Applicant testified that she has not seen her sister in 17 years, and she contacts her by email approximately three or four times a year. (Tr at 61.) Applicant’s sister is a nurse, and she works in a university. (Tr at 79.)	For Applicant	Sibling in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.e	It is alleged in the SOR that Applicant’s father-in-law and mother-in-law are citizens and residents of the PRC. Applicant testified that they are both 75 or 76 years old, and they are both retired. They previously were employed as medical doctors by a small community hospital. Applicant never calls her in-laws, and she only speaks with them, one or two times a year, as she picks up the phone to speak to them after her husband has been talking to them. (Tr at 61-62.)	For Applicant	In Law in Foreign Country Immediate Family	PRC HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties
1.f	It is alleged in the SOR that Applicant owns a home in the PRC in which her in-laws reside. Applicant testified that this house in the PRC was a gift from her in-laws to Applicant’s husband, and it was never registered in her name. Her in-laws have never lived in this house. Applicant’s husband was not informed of the gift until after the purchase was made. Since that time, Applicant’s husband has transferred the property back to his father, so neither Applicant nor her husband has any current financial interest in the house or any other property in the PRC. (Tr at 64-65.) Exhibits B and C establish that Applicant and her husband have transferred the PRC property back to her husband’s father, and the house is now owned by Applicant’s father-in-law. Applicant testified that her husband and she earn approximately $255,000 plus bonuses per year. She also has approximately $800,000 saved in United States financial institutions. Additionally, Applicant owns a townhouse in which she has paid $120,000 of a $320,000 mortgage. Finally, Applicant testified that she has no financial interest in the PRC or any professional affiliations with the country. (Tr at 51-52., Exhibit F.)	For Applicant	Foreign Real Estate Financial or Property Interest	PRC HEIGHTENED RISK	Denied	(e) shared living quarters creating a heightened risk	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

It is alleged in the SOR that Applicant’s father is a citizen and resident of the PRC. Applicant’s father is 76 and retired. He was a chemical engineer for a local medicine chemical factory. She speaks to her father approximately once a month. She has only seen her parents once in the last 17 years, in 2006, when they came to visit Applicant in the U. S. (Tr at 57-59.) Applicant averred that none of her family members ever worked for the PRC Government, and she has never offered financial support to any of her PRC relatives. (Tr at 64, 71.)

For Applicant

Parent in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.b

It is alleged in the SOR that Applicant’s mother is a citizen and resident of the PRC. Applicant’s mother is also 76 and retired. She worked as a technician for the same medical chemical company as Applicant’s father. Applicant speaks to her mother with the same frequency as her father. (Tr at 59.)

For Applicant

Parent in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.c

It is alleged in the SOR that Applicant’s brother is a citizen and resident of the PRC. Applicant testified that her brother is 53, and was a chemical engineer for an automobile company, but he is also retired. She speaks to him once a year on Chinese New Year Day, and she has not seen him in 17 years. (Tr at 60-61.)

For Applicant

Sibling in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.d

It is alleged in the SOR that Applicant’s sister is a citizen and resident of the PRC. Applicant testified that she has not seen her sister in 17 years, and she contacts her by email approximately three or four times a year. (Tr at 61.) Applicant’s sister is a nurse, and she works in a university. (Tr at 79.)

For Applicant

Sibling in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.e

It is alleged in the SOR that Applicant’s father-in-law and mother-in-law are citizens and residents of the PRC. Applicant testified that they are both 75 or 76 years old, and they are both retired. They previously were employed as medical doctors by a small community hospital. Applicant never calls her in-laws, and she only speaks with them, one or two times a year, as she picks up the phone to speak to them after her husband has been talking to them. (Tr at 61-62.)

For Applicant

In Law in Foreign Country

Immediate Family

PRC

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

1.f

It is alleged in the SOR that Applicant owns a home in the PRC in which her in-laws reside. Applicant testified that this house in the PRC was a gift from her in-laws to Applicant’s husband, and it was never registered in her name. Her in-laws have never lived in this house. Applicant’s husband was not informed of the gift until after the purchase was made. Since that time, Applicant’s husband has transferred the property back to his father, so neither Applicant nor her husband has any current financial interest in the house or any other property in the PRC. (Tr at 64-65.) Exhibits B and C establish that Applicant and her husband have transferred the PRC property back to her husband’s father, and the house is now owned by Applicant’s father-in-law. Applicant testified that her husband and she earn approximately $255,000 plus bonuses per year. She also has approximately $800,000 saved in United States financial institutions. Additionally, Applicant owns a townhouse in which she has paid $120,000 of a $320,000 mortgage. Finally, Applicant testified that she has no financial interest in the PRC or any professional affiliations with the country. (Tr at 51-52., Exhibit F.)

For Applicant

Foreign Real Estate

Financial or Property Interest

PRC

HEIGHTENED RISK

Denied

(e) shared living quarters creating a heightened risk

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	It is alleged in the SOR that Applicant possesses a PRC passport issued in June 2008, and not scheduled to expire until June 2018.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	Documented Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

It is alleged in the SOR that Applicant possesses a PRC passport issued in June 2008, and not scheduled to expire until June 2018.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

Documented

Other

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION