Summary
A 48-year-old engineer, originally from the People's Republic of China (PRC) and a U.S. citizen since 2001, was denied a security clearance under Guideline B (Foreign Influence). The denial was based on unmitigated security concerns related to his family ties in the PRC.
The Statement of Reasons outlined several allegations, including that the applicant's parents, siblings, and parents-in-law are all citizens and residents of the PRC. Additionally, his father-in-law worked for the PRC jail system. The applicant also sends money to his parents and assisted his brother and sister-in-law in establishing a barber shop. He traveled to the PRC in 2001 to visit family and friends.
The clearance was denied because the applicant's immediate family members residing in the PRC established a disqualifying condition under Guideline B. His financial support to family in the PRC and the nature of his ties were considered significant security risks. The applicant did not demonstrate that his family members are not susceptible to exploitation by a foreign power.
Why the Applicant Was Denied
- The applicant has immediate family members who are citizens and residents of the PRC, establishing a disqualifying condition under Guideline B.
- The applicant's financial support to his family in the PRC and the nature of his ties were deemed significant enough to pose a security risk.
- The applicant failed to demonstrate that his family members are not in a position to be exploited by a foreign power.
Conditions Referenced
- E2.A2.1.2.1appliedForeign Influence - Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- E2.A2.1.2.2appliedForeign Influence - Sharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Foreign Influence or Duress Exists.
- E2.A2.1.2.3rejectedForeign Influence - Relatives Who Are Connected with Any Foreign Government.The applicant successfully refuted the allegation regarding his father-in-law's employment.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJul 21, 2005
- Answer filedJul 27, 2005Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held.
- Decision dateJan 23, 2006
Cite For
- Disqualifying Conditions Under Guideline B Due to Foreign Influence
- The Impact of Family Ties in Foreign Countries on Security Clearance Eligibility
- The Burden of Proof on the Applicant to Mitigate Security Concerns Related to Foreign Influence