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Summary

The applicant, a 36-year-old naturalized U.S. citizen originally from China, mitigated security concerns under Guideline B regarding foreign influence due to her mother and brother's citizenship in China. The judge found that the applicant's mother, now a U.S. resident, and her brother, who is institutionalized in Macau, do not pose a significant risk of foreign influence. The applicant's strong history of responsible conduct and assurances of reporting any coercion further supported the decision to grant her security clearance.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country (1.a). An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country (1.b). An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country (1.c). An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country (1.d).

The judge granted the clearance. The government raised disqualifying conditions B1, B3. The judge applied mitigating conditions B1, B3. The decision turned on the following: The applicant's mother is a U.S. resident with no significant ties to China; The applicant's brother is institutionalized in Macau and has no contact with the applicant; The applicant demonstrated a history of responsible conduct and good character.

Why the Applicant Prevailed

• The applicant's mother is a U.S. resident with no significant ties to China.
• The applicant's brother is institutionalized in Macau and has no contact with the applicant.
• The applicant demonstrated a history of responsible conduct and good character.

Conditions Referenced

Key Rule Quoted

“Security clearance decisions are predictive judgments about an applicant's security eligibility in light of the applicant's past conduct and present circumstances.”

Procedural Posture

• SOR issuedMay 16, 2003
• Answer filedMay 27, 2003
• Hearing heldOct 6, 2003Applicant's counsel indicated no problem with less than 15 days notice.
• Decision dateJan 29, 2004

Cite For

• Mitigation of Foreign Influence Concerns Under Guideline B
• Consideration of Family Ties and Their Impact on Security Clearance
• Importance of Applicant's History of Responsible Conduct in Security Determinations