Summary
Applicant, a 32-year-old engineer for a defense contractor, was denied a security clearance due to foreign influence concerns stemming from his immediate family residing in the People's Republic of China (PRC). Despite his father's U.S. citizenship and mother's permanent residency, the applicant failed to provide evidence mitigating the security risks associated with his family's location. The judge concluded that the applicant did not meet the burden of proof to demonstrate that granting a clearance was consistent with national interest.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: Applicant's parents live in the Peoples Republic of China (PRC), where they were born. His father is now a U.S. citizen, and his mother has permanent residency in the U.S., but Applicant provided no evidence about their current residence other than that contained on his security clearance application that they live in the PRC (1.a). His two sisters live in the PRC, according to his security clearance application, and Applicant has not provided any address information for them that varies from that original information (1.b). Applicant did not mitigate the foreign influence security concern (1.c).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.1.2.1. The decision turned on the following: Applicant's immediate family resides in the PRC, raising foreign influence concerns; Applicant did not provide evidence to mitigate the security risks associated with his family's location; The applicant failed to demonstrate that his family members were not agents of a foreign power or in a position to be exploited.
Why the Applicant Was Denied
- Applicant's immediate family resides in the PRC, raising foreign influence concerns.
- Applicant did not provide evidence to mitigate the security risks associated with his family's location.
- The applicant failed to demonstrate that his family members were not agents of a foreign power or in a position to be exploited.
Conditions Referenced
- E2.A2.1.2.1appliedDC 1: an 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.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJan 13, 2005
- Answer filedMar 8, 2005Applicant requested decision on written record.
- Hearing held—No hearing; decided on written record.
- Decision dateJan 30, 2006
Cite For
- Foreign Influence Concerns Under Guideline B
- Burden of Proof on Applicant to Mitigate Security Risks
- Impact of Family Ties on Security Clearance Eligibility