Summary
A naturalized U.S. citizen, originally from the People's Republic of China (PRC) and holding a Ph.D. in nuclear physics, was granted a security clearance under Guideline B (Foreign Influence). The Statement of Reasons raised concerns regarding his family ties to the PRC, specifically that his parents, two brothers, and a sister are citizens and residents there. It was also noted that the applicant provides approximately $2,000.00 annually in financial support to his retired parents.
However, the judge found that none of the applicant's relatives are involved with the Chinese government. The decision highlighted the applicant's strong personal, professional, and economic ties to the U.S., including two U.S.-citizen children.
Ultimately, the judge concluded that the applicant was not vulnerable to foreign influence or exploitation by his family in the PRC. Based on these mitigating factors, the security clearance was granted.
Why the applicant prevailed
- The applicant demonstrated strong personal, professional, and economic ties to the U.S.
- None of the applicant's family members are connected to the Chinese government.
- The applicant is not in a position to be exploited by his family in the PRC.
Conditions referenced
- E2.A2.1.2.1raisedForeign Influence Due to Immediate Family Members Residing in a Foreign Country.
- E2.A2.1.2.3rejectedRelatives Connected with Any Foreign Government.No evidence indicated that any of the applicant's family in PRC are connected with the government.
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power or in a Position to Be Exploited.The applicant's family members are retired and have never been involved in political activities.
Key rule quoted
“While the mere possession of family ties with persons in a foreign country is not, as a matter of law, automatically disqualifying . . . [it] does raise a prima facie security concern sufficient to require an applicant to present evidence of rebuttal, extenuation or mitigation sufficient to meet the applicant's burden of persuasion that is clearly consistent with the national interest to grant or continue a security clearance for the applicant.”
Procedural posture
- SOR issuedDec 3, 2003
- Answer filedJan 18, 2004
- Hearing heldFeb 1, 2005Case reassigned to the judge.
- Decision dateFeb 25, 2005
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Consideration of Family Ties in Security Clearance Decisions
- The Importance of Personal and Professional Ties to the U.S. in Security Clearance Evaluations.