Summary
The applicant, a 45-year-old engineer who immigrated from China and became a naturalized U.S. citizen in 2000, sought a security clearance. The concerns involved foreign preference due to her previous Chinese citizenship and foreign influence due to family ties in China. The judge found minimal risk of foreign influence and determined that the applicant's strong ties to the U.S. and her integrity warranted granting the clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: As of the issuance of the SOR on February 4, 2002, it was correct that Applicant's mother, brothers and sister were citizens of the PRC and resided in that country. However, Applicant's mother died on February 8, 2002 (Response to SOR and AX E). Her father passed away in 1996 (Tr at 67). The SOR remains accurate as to her siblings. She has five brothers and one sister. None of them has any contact with the PRC government, Army, or police organizations (Tr at 91 - 95). None of them has ever asked her to do anything that might be averse to US interests. If any of them ever did, she would "immediately" report the contact to US authorities (Tr at 96). Based on the totality of the record, I find that Applicant can be relied upon not to respond favorably to any such requests but to report the request to the proper US authorities (2.a). As of the date of issuance of the SOR, Applicant did possess a passport from the People's Republic of China (PRC) (AX A). She renewed the PRC passport in 1999, because she was not sure when she would receive her US citizenship. She became a naturalized American in March 2000. On April 7, 2002, Applicant surrendered the PRC passport by mailing it, with a letter of explanation, to the nearest PRC Consulate General in the US (AX C). The passport was returned to Applicant by the Consulate, bearing a "Cancelled" stamp and with an upper corner of the cover and several pages clipped off to show invalidation (AX B and Tr at 81 - 83) (1.a).
The judge granted the clearance. The government raised disqualifying conditions C.1.a, B.1. The judge applied mitigating conditions B.1. The decision turned on the following: The applicant surrendered her Chinese passport, demonstrating a lack of foreign preference; The applicant's family members in China have never pressured her to act against U.S. interests; The applicant has a long history of contributions to the U.S. and considers herself an American.
Why the Applicant Prevailed
- The applicant surrendered her Chinese passport, demonstrating a lack of foreign preference.
- The applicant's family members in China have never pressured her to act against U.S. interests.
- The applicant has a long history of contributions to the U.S. and considers herself an American.
Conditions Referenced
- C.1.anotedForeign Preference
- B.1raisedForeign InfluenceThe applicant's immediate family members are citizens of a foreign country.
- B.1appliedForeign InfluenceThe applicant's family members have never sought to use their relationship to pressure her.
Key Rule Quoted
“"any doubt as to whether access to classified information is clearly consistent with the interests of national security will be resolved in favor of the nation's security."”
Procedural Posture
- SOR issuedFeb 4, 2002
- Answer filedFeb 27, 2002
- Hearing heldApr 26, 2002
- Decision dateMay 28, 2002
Cite For
- Foreign Preference Considerations Under Guideline C
- Foreign Influence Mitigation Under Guideline B
- Impact of Family Ties on Security Clearance Determinations