Summary
A 34-year-old computer scientist, a naturalized U.S. citizen originally from Hong Kong, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from his continued ties to Hong Kong, specifically his use and retention of a Hong Kong residency card for travel, even after becoming a U.S. citizen. This action was seen as a preference for a foreign country over the United States.
Further concerns arose from the applicant's significant financial obligations to a maternal uncle in Hong Kong, from whom he borrowed $220,000. This substantial debt, combined with the fact that his parents and spouse's relatives are all citizens of Hong Kong, created potential vulnerabilities to foreign influence.
Despite the applicant's expressed willingness to stop using his Hong Kong residency card, his ongoing financial and familial connections in Hong Kong were deemed to pose an unacceptable risk, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant retained and used a Hong Kong residency card instead of his U.S. passport, indicating a preference for a foreign country.
- The applicant has significant financial ties to a maternal uncle in Hong Kong, from whom he borrowed $220,000, raising foreign influence concerns.
- The applicant's family members, including his parents and spouse's relatives, are citizens of Hong Kong, creating potential vulnerabilities to foreign influence.
Conditions Referenced
- E2.A3.1.2.2notedPossession And/or Use of a Foreign Passport
- E2.A3.1.2.4appliedAccepting Educational, Medical, or Other Benefits From a Foreign CountryThe applicant's use of the Hong Kong residency card afforded him benefits not available to foreigners.
- E2.A2.1.1appliedForeign Influence Due to Family TiesThe applicant's family members in Hong Kong create potential for coercion or influence.
Key Rule Quoted
“When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States.”
Procedural Posture
- SOR issuedMay 4, 2004
- Answer filedMay 26, 2004Undated response received.
- Hearing heldOct 6, 2004Hearing conducted with testimony and exhibits.
- Decision dateApr 25, 2005
Cite For
- Foreign Preference Concerns Due to Possession of a Foreign Residency Card
- Foreign Influence Due to Familial Ties in a Foreign Country
- Impact of Financial Obligations to Foreign Relatives on Security Clearance Eligibility