Summary
The Applicant, a 41-year-old naturalized U.S. citizen with a Master's Degree, sought a security clearance under Guideline B due to foreign influence concerns stemming from her family ties in the People's Republic of China (PRC). The Applicant's parents are permanent residents in the U.S., while her brother and in-laws reside in the PRC. The judge found that none of the Applicant's relatives are connected to the foreign government or subject to coercion, and the Applicant has minimal contact with her in-laws. Consequently, the judge determined that the Applicant met the mitigating conditions and granted the security clearance.
Under Guideline B (Foreign Influence), the Statement of Reasons alleged the following: The Applicant's parents are citizens of the Peoples Republic of China (PRC), but have permanent resident status and reside in the U.S (1.a). The Applicant's brother, an engineer, is a citizen of and resides in the PRC. He has been approved for permanent resident status in the U.S (1.b). The Applicant's mother-in-law and three siblings-in-law are citizens of and reside in the PRC (1.c). The Applicant has not seen any of her in-laws since 1994 (1.d). None of the Applicant's foreign relatives is connected with any foreign government or subject to coercion (1.e). The Applicant visited the PRC in 1994 and 1998. She plans no further visits to the PRC (1.f).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 7.a. The judge applied mitigating conditions AG ¶ 8.a. The decision turned on the following: The Applicant's parents are permanent residents in the U.S. and not connected to any foreign government; The Applicant has not seen her in-laws since 1994, indicating minimal foreign influence; None of the Applicant's foreign relatives are in a position to be exploited by a foreign power.
Why the Applicant Prevailed
- The Applicant's parents are permanent residents in the U.S. and not connected to any foreign government.
- The Applicant has not seen her in-laws since 1994, indicating minimal foreign influence.
- None of the Applicant's foreign relatives are in a position to be exploited by a foreign power.
Conditions Referenced
- AG ¶ 7.araisedForeign Influence
- AG ¶ 8.aappliedForeign Influence
Key Rule Quoted
“An individual who is subject to a foreign influence, may be prone to provide information or make decisions that are harmful to the interests of the United States.”
Procedural Posture
- SOR issuedApr 5, 2005
- Answer filedApr 29, 2005
- Hearing heldOct 20, 2005
- Decision dateNov 16, 2005
Cite For
- Mitigating Conditions Under Guideline B Regarding Foreign Influence
- Consideration of Family Ties and Their Impact on Security Clearance
- The Importance of the Applicant's Relationship with Foreign Relatives in Security Clearance Determinations