Summary
This case involves a naturalized U.S. citizen, originally from Kenya, whose security clearance application was denied under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons detailed several concerns, including the applicant's extensive family ties in Kenya. Specifically, the applicant has numerous relatives who are Kenyan citizens and residents, including two brothers, two sisters, two sisters-in-law, and one brother-in-law. One brother is a member of the Kenyan parliament, and another is a former employee of a Kenyan governmental agency. The applicant also sent approximately $5,000 to his mother, a Kenyan citizen and resident, over several years.
Further concerns arose from the applicant's continued use of a Kenyan passport. He has maintained this passport since becoming a U.S. citizen and has used it at least nine times since 2003 for travel to and from Kenya and other countries. These actions raised disqualifying conditions under both foreign influence and foreign preference guidelines.
Despite the application of some mitigating conditions, the judge ultimately denied the security clearance. The denial was based on the applicant's maintenance of a current Kenyan passport, which indicated foreign preference, and his numerous family members in Kenya, including a brother in parliament, which created potential foreign influence concerns. The applicant's financial support and frequent contact with family in Kenya further raised doubts about his loyalty to the U.S.
Why the applicant was denied
- The applicant maintained a current Kenyan passport, indicating foreign preference.
- The applicant has numerous family members in Kenya, including a brother in parliament, creating potential foreign influence concerns.
- The applicant's financial support and frequent contact with family in Kenya raised doubts about his loyalty to the U.S.
Conditions referenced
- C1raisedForeign Preference
- C2raisedForeign Preference
- B7raisedForeign Influence
- C11rejectedForeign PreferenceThe applicant's Kenyan passport has not been destroyed or invalidated.
- B8rejectedForeign InfluenceThe applicant's connections to family in Kenya are significant and ongoing.
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural posture
- SOR issuedJun 17, 2016
- Answer filedJul 18, 2016
- Hearing heldOct 19, 2016
- Decision dateFeb 2, 2017
Cite for
- Foreign Preference Concerns Due to Possession of a Foreign Passport
- Foreign Influence Due to Extensive Family Ties Abroad
- The Impact of Familial Relationships on Security Clearance Eligibility