Summary
The applicant is a 61-year-old self-employed linguist and defense contractor who is a U.S. citizen by birth. He is married to a naturalized U.S. citizen who was previously a resident and citizen of the People's Republic of China (PRC). The applicant mitigated security concerns related to foreign influence by demonstrating that his spouse's family members are not in positions vulnerable to coercion by PRC authorities and by providing assurances to report any changes in his family situation to government authorities. Clearance is granted.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: to have a spouse who worked for the Government of the PRC at the Academy of Chinese and Foreign Culture prior to coming to the US (1.a). to have met his spouse through a singles advertisement placed in the World Journal, a Chinese language newspaper sold in the US, in about 1995 (1.b). to have relatives of his spouse (her son, two brothers and a sister) who are citizens of and reside in the PRC (1.c). to have one brother of his spouse who has been employed by a Chinese Government-owned plant (1.d).
The judge granted the clearance. The government raised disqualifying conditions DC 1. The judge applied mitigating conditions MC 1, MC 2, MC 3. The decision turned on the following: The applicant's spouse is a naturalized U.S. citizen who renounced her Chinese citizenship; Family members in the PRC are not in positions vulnerable to coercion or pressure; The applicant has established a trusting relationship with the sponsoring agency and has committed to reporting any changes in his family situation.
Why the Applicant Prevailed
- The applicant's spouse is a naturalized U.S. citizen who renounced her Chinese citizenship.
- Family members in the PRC are not in positions vulnerable to coercion or pressure.
- The applicant has established a trusting relationship with the sponsoring agency and has committed to reporting any changes in his family situation.
Conditions Referenced
- DC 1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
- MC 1appliedThe Individual Has a Spouse, Cohabitant, or Immediate Family Member Who Is a Citizen of the United States.
- MC 2appliedThe Immediate Family Members Are Not in a Position to Be Vulnerable to Coercion or Pressure by a Foreign Government.
- MC 3appliedThe Individual Has Provided Assurances That He Will Report Any Changes in His Family Situation to the Appropriate Authorities.
Key Rule Quoted
“A security risk may exist when an individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress.”
Procedural Posture
- SOR issuedDec 17, 2003
- Answer filedJan 13, 2004
- Hearing heldApr 7, 2004
- Decision dateJul 30, 2004
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Impact of Family Citizenship Status on Security Clearance Decisions
- Assurances of Reporting Changes in Family Situations as a Mitigating Factor