Summary
The applicant, a 45-year-old U.S. citizen married to a resident alien from China, faced security concerns under Guideline B due to his immediate family members residing in the People's Republic of China (PRC). Despite his limited contact and financial support to his parents, the judge found that the potential for exploitation by the PRC was significant, leading to the denial of his security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's parents are citizens of and reside in the Peoples Republic of China (1.a). Applicant's wife's parents are citizens of and reside in the Peoples Republic of China (1.b). Applicant's brother is a citizen and resident of Canada (1.c). Applicant provided small sums of money to his parents and calls them periodically (1.d). Applicant's brother is a citizen and resident of Canada (1.e).
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, E2.A2.1.3.3. The decision turned on the following: The applicant has immediate family members residing in the PRC, creating a potential for foreign influence; The applicant's parents and in-laws, although not agents of the PRC, are in a position to be exploited due to their age and past experiences during the Cultural Revolution; The applicant's infrequent contact with his family does not mitigate the security concerns due to the nature of their relationship.
Why the applicant was denied
- The applicant has immediate family members residing in the PRC, creating a potential for foreign influence.
- The applicant's parents and in-laws, although not agents of the PRC, are in a position to be exploited due to their age and past experiences during the Cultural Revolution.
- The applicant's infrequent contact with his family does not mitigate the security concerns due to the nature of their relationship.
Conditions referenced
- E2.A2.1.2.1raisedImmediate Family Members Are Citizens or Residents of a Foreign Country.
- E2.A2.1.3.1rejectedImmediate Family Members Are Not Agents of a Foreign Power.While the applicant's family members are not agents of the PRC, the potential for exploitation remains.
- E2.A2.1.3.3rejectedContact with Immediate Family Members Is Casual and Infrequent.The applicant's contact, although infrequent, is sufficient to maintain a significant relationship.
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedMar 29, 2004
- Answer filedApr 19, 2004
- Hearing heldJun 23, 2004
- Decision dateDec 13, 2004
Cite for
- Foreign Influence Concerns Under Guideline B
- Impact of Family Ties on Security Clearance Decisions
- Potential for Exploitation by Foreign Governments