Loading case…

Summary

The applicant, a 44-year-old naturalized U.S. citizen originally from China, faced security concerns under Guideline B due to close family ties to China. Despite his claims of loyalty and lack of financial support to family members in China, the judge found that the applicant could not mitigate the foreign influence concerns, leading to a denial of his security clearance.

Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant has several family members who are citizens of and residents in the People's Republic of China (a/k/a PRC or China) (1.a). Applicant traveled to China at least five times between 1993 and 1998 (1.b). Applicant's daughter is a native-born Chinese citizen, but the couple is in the process of obtaining U.S. citizenship for their daughter (1.c). Applicant's immediate family members are citizens of and residents in China (1.d). Applicant's mother-in-law and brother-in-law are also citizen residents of China (1.e). Applicant has another brother-in-law who is a Chinese citizen residing in Hong Kong (1.f). Applicant's parents are retired medical doctors, and his brother works as a teacher, and his sister works as a nurse in China (1.g).

The judge denied the clearance. The government raised disqualifying conditions E2.A2.1.2.1. The judge applied mitigating conditions E2.A2.1.3.1. The decision turned on the following: The applicant has close and continuing family ties to China, which raises security concerns under Guideline B; The applicant failed to demonstrate that his family members in China are not in a position to be exploited by the Chinese government; The applicant's five trips to China for family visits further evidenced the closeness of his ties, which the judge deemed significant.

Why the Applicant Was Denied

• The applicant has close and continuing family ties to China, which raises security concerns under Guideline B.
• The applicant failed to demonstrate that his family members in China are not in a position to be exploited by the Chinese government.
• The applicant's five trips to China for family visits further evidenced the closeness of his ties, which the judge deemed significant.

Conditions Referenced

Key Rule Quoted

“The clearly-consistent standard requires I resolve any doubt in favor of protecting national security.”

Procedural Posture

• SOR issuedOct 6, 2003
• Answer filedOct 27, 2003Requested a decision based on a written record.
• Hearing held—No hearing was held.
• Decision dateSep 24, 2004

Cite For

• Foreign Influence Security Concerns Under Guideline B
• The Impact of Family Ties to a Foreign Country on Security Clearance Eligibility
• The Burden of Proof in Security Clearance Cases Regarding Foreign Influence