Summary
A naturalized U.S. citizen, originally from the People's Republic of China (PRC), was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted that the applicant's parents, wife, and parents-in-law were PRC citizens, with some residing in the PRC and others in the U.S. Additionally, the applicant possessed a PRC passport until February 2004, which raised concerns about foreign preference.
However, the judge found that the applicant's family members were not affiliated with the PRC government and were not in a position to be exploited. The applicant demonstrated strong ties to the United States, including a commitment to his family residing there. Furthermore, the applicant proactively instructed his parents to return his PRC passport, which was subsequently sent to the PRC Consulate General, indicating a clear revocation of foreign preference.
These mitigating factors, particularly the lack of government affiliation among family members, the applicant's strong U.S. ties, and the relinquishment of the PRC passport, led to the determination that any potential security risks were mitigated. Consequently, the security clearance was granted.
Why the applicant prevailed
- The applicant's parents and wife are not affiliated with the PRC government and are not in a position to be exploited.
- The applicant demonstrated strong ties to the United States and a commitment to his family residing there.
- The applicant revoked his PRC passport, indicating a lack of foreign preference.
Conditions referenced
- E2.A2.1.2.1raisedForeign Influence - Immediate Family Members or Persons to Whom the Individual Has Close Ties of Affection or Obligation, Who Are Citizens Of, or Resident In, a Foreign Country.
- E2.A3.1.2.1raisedForeign Preference - Exercise of Dual Citizenship.
- E2.A3.1.2.2raisedForeign Preference - Possession And/or Use of a Foreign Passport.
- E2.A2.1.3.1appliedForeign Influence - A Determination That the Immediate Family Members... in Question Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
- E2.A3.1.2.1rejectedForeign Preference - the Exercise of Dual Citizenship.The applicant never used his PRC passport after becoming a U.S. citizen.
- E2.A3.1.2.2rejectedForeign Preference - Possession And/or Use of a Foreign Passport.The applicant revoked his PRC passport.
Key rule quoted
“The clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials.”
Procedural posture
- SOR issuedNov 6, 2003
- Answer filedDec 8, 2003
- Hearing heldJul 1, 2004
- Decision dateSep 24, 2004
Cite for
- Mitigating Factors Related to Foreign Influence Under Guideline B
- Foreign Preference Concerns Related to Dual Citizenship Under Guideline C
- The Impact of Family Ties on Security Clearance Determinations.