Summary
A 40-year-old naturalized U.S. citizen, originally from the People's Republic of China (PRC), was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited the applicant's exercise of dual citizenship and possession/use of a foreign passport.
While the applicant successfully mitigated the foreign preference concerns by renouncing his PRC citizenship and ceasing use of his PRC passport, the judge determined that significant foreign influence risks remained. The denial was based on the applicant's family members residing in the PRC, which created a potential for coercion that could compromise his loyalty to the U.S.
Further concerns arose from the applicant's inconsistent statements regarding financial support to his parents, impacting his reliability and trustworthiness. Additionally, the nature of his contact with family in the PRC was deemed more than casual and infrequent, failing to mitigate the foreign influence concerns. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant's family members are citizens of the PRC, creating a potential for coercion that could force the applicant to choose between loyalty to them and the U.S.
- The applicant's inconsistent statements regarding financial support to his parents raised concerns about his reliability and trustworthiness.
- The applicant's contact with family members in the PRC is more than casual and infrequent, which does not mitigate the foreign influence concerns.
Conditions Referenced
- DC 1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Bonds of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
- DC 3raisedRelatives, Cohabitants, or Associates Who Are Connected with Any Foreign Government.
- MC 1rejectedA Determination That the Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.The judge found that the applicant's family members are in a position to be exploited by the PRC.
- MC 2appliedIndicators or Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship.
- MC 4appliedThe Individual Has Taken Steps to Renounce Dual Citizenship.
Key Rule Quoted
“An applicant must also demonstrate under MC 1 his family members are not in a position to be exploited by a foreign power in a way that could force the applicant to choose between loyalty to family members and the U.S.”
Procedural Posture
- SOR issuedMay 23, 2003
- Answer filedJun 19, 2003Requested a hearing.
- Hearing heldOct 16, 2003
- Decision dateDec 5, 2003
Cite For
- Foreign Influence Concerns Due to Family Ties Under Guideline B
- Mitigation of Foreign Preference Indicators Occurring Before U.S. Citizenship Under Guideline C
- The Necessity of Demonstrating Family Members Are Not in a Position to Be Exploited by a Foreign Power.