Summary
The applicant, a 31-year-old U.S. citizen and electrical engineer, sought a security clearance under Guideline B due to foreign family ties in China. The judge found that the applicant's foreign contacts were infrequent and that her family members were not associated with the Chinese government, leading to the conclusion that there was no potential for foreign influence. The security clearance was granted.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Applicant was born in the People's Republic of China in 1972 and raised in a small farming village (1.a). The Applicant's mother resides with the Applicant in the United States. She is a citizen of China, but a permanent legal resident of the United States (1.b). The Applicant has one brother and five sisters who are citizens of China and reside there (1.c). The Applicant has no bank accounts, assets or property in China. She does not send money to her relatives in China (1.d). The Applicant's husband's mother, father and sister are citizens of China and currently reside there (1.e). The Applicant traveled to China in 1998, 1999, 2000 and 2002 (1.f). None of her family in China are employed by or have ever been associated with the Chinese government. None of her family in China are associated with the Communist party (1.g).
The judge granted the clearance. The judge applied mitigating conditions AG ¶ 1, AG ¶ 3. The decision turned on the following: The applicant is a U.S. citizen with significant ties to the United States, including her husband and child; The applicant's family members in China have no affiliations with the Chinese government or Communist Party; The applicant's contact with her family in China is infrequent and casual.
Why the Applicant Prevailed
- The applicant is a U.S. citizen with significant ties to the United States, including her husband and child.
- The applicant's family members in China have no affiliations with the Chinese government or Communist Party.
- The applicant's contact with her family in China is infrequent and casual.
Conditions Referenced
- AG ¶ 1appliedMitigating Condition 1The applicant's family members are not agents of a foreign power.
- AG ¶ 3appliedMitigating Condition 3The applicant's contact with foreign citizens is casual and infrequent.
Key Rule Quoted
“The Government must make out a case under Guideline B (Foreign Influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedOct 27, 2003
- Answer filedNov 3, 2004
- Hearing heldApr 21, 2004
- Decision dateJun 17, 2004
Cite For
- Mitigation of Foreign Influence Under Guideline B
- Criteria for Evaluating Foreign Contacts
- Importance of U.S. Citizenship in Security Clearance Determinations