Summary
The Applicant, a 46-year-old naturalized American citizen with a Master's degree in Business Administration, sought a security clearance under Guideline B concerning foreign influence. The concerns were mitigated by evidence that his daughter is a U.S. citizen living with him, his annulment proceedings against his Chinese citizen wife, and infrequent contact with his Canadian brother. The judge found that the Applicant successfully overcame the Government's case, leading to a granted clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Applicant's daughter is a citizen of the People's Republic of China and lives there (1.a). The Applicant has a cohabitant who is a Chinese citizen (1.b). The Applicant has a brother who is a Canadian citizen (1.c). The Applicant has traveled to the People's Republic of China twice in the past ten years (1.d).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 1. The judge applied mitigating conditions AG ¶ 1. The decision turned on the following: The Applicant's daughter is a native-born American citizen residing with him; He has initiated annulment proceedings against his Chinese citizen wife, who was using him for visa purposes; His contacts with his Canadian brother are infrequent and casual.
Why the Applicant Prevailed
- The Applicant's daughter is a native-born American citizen residing with him.
- He has initiated annulment proceedings against his Chinese citizen wife, who was using him for visa purposes.
- His contacts with his Canadian brother are infrequent and casual.
Conditions Referenced
- AG ¶ 1raisedForeign InfluenceThe Applicant has family members who are not citizens of the United States.
- AG ¶ 1appliedForeign InfluenceThe Applicant's daughter is a U.S. citizen and resides with him.
- AG ¶ 1appliedForeign InfluenceThe Applicant's contacts with his brother are casual and infrequent.
- AG ¶ 1appliedForeign InfluenceThe Applicant has filed for annulment of his marriage to a foreign national.
Key Rule Quoted
“"Any determination under this order...shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned."”
Procedural Posture
- SOR issuedSep 4, 2002
- Answer filedSep 20, 2002Applicant requested decision without a hearing.
- Hearing held—
- Decision dateMay 12, 2003
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Impact of Annulment Proceedings on Security Clearance Eligibility
- Consideration of Infrequent Foreign Contacts in Clearance Decisions