Summary
A 49-year-old aircraft mechanic, employed by a defense contractor, was denied a security clearance under Guideline B (Foreign Influence). The denial stemmed primarily from his wife's citizenship in the People's Republic of China (PRC) and her immediate family's residency there.
Specific concerns included the applicant's wife holding PRC citizenship and a U.S. Resident Alien card since February 1, 2002. Her parents, sister, and brother-in-law are all PRC citizens and residents. The applicant and his wife maintained regular contact with these family members, traveling to the PRC five times since 1998, and the wife provided regular financial assistance to her parents. While the applicant confirmed he had no property in the PRC and his wife held no proprietary interest in her parents' state-owned apartment in Shanghai, these factors were not sufficient to overcome the foreign influence concerns.
The clearance was denied because the applicant's wife's PRC citizenship and her family's residency created a potential vulnerability to coercion. The applicant failed to provide adequate information regarding his wife's family's employment or any potential ties to the Chinese government, thus not sufficiently mitigating the foreign influence risk.
Why the Applicant Was Denied
- The applicant's wife is a citizen of the PRC, and her immediate family resides there, raising foreign influence concerns.
- The applicant maintained regular contact with his wife's family in the PRC and provided financial assistance to them, which could create vulnerability to coercion.
- The applicant did not provide sufficient information about his wife's family's employment or potential ties to the Chinese government.
Conditions Referenced
- E2.A2.1.2.1appliedForeign Influence Disqualifying Condition 1
- E2.A2.1.2.2appliedForeign Influence Disqualifying Condition 2
- E2.A2.1.2.8appliedForeign Influence Disqualifying Condition 3
- E2.A2.1.3.1rejectedForeign Influence Mitigating Condition 1The applicant did not provide sufficient evidence that his wife's family members are not in a position to be exploited by a foreign power.
- E2.A2.1.3.2rejectedForeign Influence Mitigating Condition 2The applicant's wife's frequent communication with her family in the PRC cannot be characterized as casual and infrequent.
- E2.A2.1.3.5appliedForeign Influence Mitigating Condition 3The applicant owns no property in the PRC.
Key Rule Quoted
“While having family ties with persons located in another country is not, as a matter of law, automatically disqualifying...it does raise a prima facie security concern to require Applicant to present evidence of mitigation sufficient to meet applicant's burden of persuasion that it is clearly consistent with the national interest to grant or continue a security clearance for the applicant.”
Procedural Posture
- SOR issuedFeb 22, 2005
- Answer filedMar 1, 2005Applicant responded to the SOR.
- Hearing held—Applicant did not wish to present his case at a hearing.
- Decision dateAug 22, 2005
Cite For
- Foreign Influence Concerns Under Guideline B
- Impact of Family Ties to Foreign Nationals on Security Clearance Eligibility
- Requirements for Mitigating Foreign Influence in Security Clearance Cases