Summary
A 39-year-old federal contractor employee was denied a security clearance under Guideline B (Foreign Influence) due to his wife's citizenship in the People's Republic of China (PRC) and her family's residence there. The Statement of Reasons highlighted that the applicant's wife is a PRC citizen living in the U.S., while her parents and sister are PRC citizens residing in the PRC. The applicant had traveled to the PRC at least once in 2000 and, since 1998, he and his wife had sent several thousand dollars to her parents.
The decision noted the PRC's abysmal human rights record, including arbitrary killings, detention, torture, and lack of fair trials, as well as its documented history of espionage against the United States, particularly targeting technology and defense-related information. These factors raised concerns about the potential for foreign influence or coercion.
Ultimately, the security clearance was denied because the applicant failed to mitigate the government's concerns. His wife's PRC citizenship and her family's residence there, coupled with the financial support provided to her family, indicated strong ties that could be exploited. Crucially, the applicant did not respond to the FORM, thereby failing to provide evidence to address the foreign influence concerns.
Why the Applicant Was Denied
- The applicant's wife is a citizen of the PRC, and her family resides there, creating a potential for foreign influence.
- The applicant provided financial support to his wife's family in the PRC, indicating strong ties that could be exploited.
- The applicant did not respond to the FORM, failing to provide evidence to mitigate the government's concerns.
Conditions Referenced
- E2.A2.1.2.1raisedDC 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.
- E2.A2.1.3.1rejectedMC 1: A Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.The applicant failed to provide evidence that his wife's family members are not foreign agents or in a position to be exploited.
Key Rule Quoted
“"[No] one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedApr 11, 2005
- Answer filedMay 15, 2005Applicant requested a decision without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateMay 11, 2006
Cite For
- Foreign Influence Concerns Under Guideline B
- Impact of Family Ties to Foreign Nationals on Security Clearance
- Burden of Proof on Applicant to Mitigate Disqualifying Conditions