Summary
A 44-year-old naturalized U.S. citizen, serving as a vice president of engineering for a federal contractor, was denied a security clearance due to concerns under Guideline B (Foreign Influence). The applicant was born in China and became a U.S. citizen in 2002.
The denial stemmed from the applicant's immediate family members—his parents, sister, and mother-in-law—who are all citizens and residents of China. The applicant maintains regular communication with his parents and less frequent contact with his sister and mother-in-law. He also traveled to China in 2001 for approximately one month to visit family.
Despite the application of mitigating conditions MC 1 and MC 3, the adjudicator found insufficient evidence to alleviate the security concerns. The applicant's close family ties to China and regular contact with his parents were deemed to create a potential for foreign influence and vulnerability to foreign pressure, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant's immediate family members are citizens of China, creating a potential for foreign influence.
- Applicant maintains regular contact with his parents, which raises concerns about his vulnerability to foreign pressure.
- Insufficient evidence was provided to mitigate the security concerns related to his family's ties to China.
Conditions Referenced
- DC 1appliedAn 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
- MC 1rejectedA Determination That the Immediate Family Members(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign PowerNo information was provided to show whether Applicant's family has any ties or not with the government.
- MC 3rejectedContact and Correspondence with Foreign Citizens Are Casual and InfrequentApplicant maintains close contact with his parents, which does not support this mitigating condition.
Key Rule Quoted
“A security risk may exist when an individual's immediate family, including cohabitants, and other persons to whom he or she may be bound by affection, influence, or obligation are not citizens of the United States or may be subject to duress.”
Procedural Posture
- SOR issuedMay 3, 2004
- Answer filedMay 29, 2004Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held.
- Decision dateFeb 8, 2005
Cite For
- Foreign Influence Concerns Under Guideline B
- Impact of Family Ties to Foreign Nationals on Security Clearance Eligibility
- Insufficient Mitigation of Security Risks Related to Foreign Influence