Summary
The Applicant, a 55-year-old Industrial Engineer and U.S. citizen originally from China, sought a security clearance under Guideline B due to foreign family ties. The Administrative Judge found that the Applicant's limited contact with foreign relatives and their lack of influence mitigated security concerns, resulting in a granted clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Applicant has five brothers and two sisters. One of his brothers and one of his sisters are United States citizens. He has five siblings who are not United States citizens. Two of brothers are citizens of and reside in Canada. One is a factory worker, the other is a physician. One of his brothers is a citizen of Canada residing in Hong Kong, who is an engineer. One of his brothers is a citizen of Britain, working for the British Government in Hong Kong as a civil engineer. One of his sisters is a citizen of Canada who is currently living in the People's Republic of China. His other sister is a citizen of Canada currently living in Hong Kong. They are both housewives (1.a). The Applicant contacts any one of his siblings no more than two or three times a year. None of his family members are associated in any way with the Communist party nor have they ever served in the military. The one brother who works for the British Government has little knowledge of what the Applicant does and very limited contact with him (1.b). The last time the Applicant traveled to Hong Kong was when his mother passed away in 1997. He has no intentions of ever returning. The Applicant has no assets of any kind in any foreign country. He owns a home and a few rental properties in the United States. He also has a 401K retirement fund with his employer (1.c). The Applicant has been a loyal citizen of the United States for twenty four years. His immediate family, that includes his wife and two children, are also United States citizens. His siblings that are citizens of and/or reside in other foreign countries such as Canada, Hong Kong or the People's Republic of China are in no way in a position to influence him (1.d). He has essentially cut all of his foreign ties except his casual and infrequent contact with his siblings from time to time. None of his siblings are associated with the Communist party, or any other subversive organizations. The one brother that is employed with the British Government has very little contact with the Applicant. Therefore the Applicant has no close foreign ties or contacts that could potentially influence him (1.e).
The judge granted the clearance. The government raised disqualifying conditions B1. The judge applied mitigating conditions B1, B3. The decision turned on the following: The Applicant has been a loyal U.S. citizen for over 24 years; His immediate family members are U.S. citizens, reducing potential foreign influence; The Applicant has very limited contact with foreign relatives who are not in a position to influence him.
Why the Applicant Prevailed
- The Applicant has been a loyal U.S. citizen for over 24 years.
- His immediate family members are U.S. citizens, reducing potential foreign influence.
- The Applicant has very limited contact with foreign relatives who are not in a position to influence him.
Conditions Referenced
- B1raisedForeign Influence
- B1appliedForeign Influence
- B3appliedForeign Influence
Key Rule Quoted
“The Government must make out a case under Guideline B (foreign influence) that establishes doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedFeb 13, 2004
- Answer filedFeb 20, 2004
- Hearing heldJul 27, 2004
- Decision dateSep 22, 2004
Cite For
- Mitigation of Foreign Influence Under Guideline B
- Limited Contact with Foreign Relatives as a Mitigating Factor
- The Importance of U.S. Citizenship in Evaluating Foreign Influence Risks