Summary
A naturalized U.S. citizen, originally from the People's Republic of China (PRC), was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons highlighted her family ties in the PRC, including a brother-in-law retired from the PRC Navy and currently employed by a PRC government agency, and other relatives who are PRC citizens and residents. The applicant's mother is also a PRC citizen and resident, though she is applying for U.S. residency. The applicant had previously sent her mother monthly financial support and had traveled to the PRC seven times, with the last trip for an adoption. Her husband also applied for green cards for his parents.
Concerns under Guideline C arose because the applicant possessed a PRC passport until January 2003, which was not set to expire until August 2004. However, the applicant testified that she believed she had renounced her PRC citizenship upon becoming a U.S. citizen and never used the PRC passport afterward. She destroyed the passport in front of a Defense Security Service agent in January 2003, once she understood the implications of retaining it.
The judge ultimately granted the clearance, finding that the applicant's minimal and infrequent contact with her PRC relatives, coupled with their lack of PRC government affiliation (except for the brother-in-law), mitigated foreign influence risks. Her destruction of the PRC passport further demonstrated a lack of foreign preference. The applicant also does not anticipate any inheritance or financial interest from the PRC.
Why the applicant prevailed
- The applicant's immediate family members in PRC are not affiliated with the PRC government.
- The applicant has minimal and infrequent contact with her relatives in PRC.
- The applicant destroyed her PRC passport after becoming a U.S. citizen, indicating no foreign preference.
Conditions referenced
- E2.A2.1.2.1raisedImmediate 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.A2.1.2.3raisedRelatives Who Are Connected with Any Foreign Government.
- E2.A3.1.2.1raisedThe Exercise of Dual Citizenship.
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport.
- E2.A2.1.3.1appliedA 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.A2.1.3.3appliedContact with Foreign Citizens Is Casual and Infrequent.
- E2.A3.1.3appliedThe Individual Has Taken Affirmative Steps to Renounce Dual Citizenship.
Key rule quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the U.S. Government that is predicated upon trust and confidence.”
Procedural posture
- SOR issuedJan 16, 2004
- Answer filedFeb 6, 2004
- Hearing heldJun 25, 2004via MS Teams
- Decision dateOct 14, 2004
Cite for
- Mitigation of Foreign Influence Concerns Due to Lack of Family Government Ties
- Demonstration of Renunciation of Foreign Citizenship as a Mitigating Factor
- Minimal Contact with Foreign Relatives as a Mitigating Condition