Summary
A 53-year-old naturalized U.S. citizen, originally from India and working as a consultant, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his possession of an Overseas Citizen of India (OCI) card, family members residing in India, an Indian bank account, property ownership in India, and potential inheritance of an estate in India.
Disqualifying conditions related to foreign influence and preference were raised, including allegations that the OCI card demonstrated a foreign preference for India. However, the applicant successfully mitigated these concerns.
The judge determined that the OCI card did not confer dual citizenship, as India does not permit it, and that the applicant's motivation for obtaining the card was for convenience rather than a preference for India over the U.S. Furthermore, the applicant demonstrated that his family members in India did not hold positions that could compromise U.S. interests. Based on these mitigating factors, the security clearance was granted.
Why the applicant prevailed
- The applicant's OCI card does not constitute an exercise of foreign citizenship as India does not permit dual citizenship.
- The applicant's family members in India are not in positions that could compromise U.S. interests.
- The applicant's motivations for obtaining the OCI card were for convenience, not preference for India over the U.S.
Conditions referenced
- AG ¶ 10(a)raisedApplying for And/or Acquiring Citizenship in Any Other Country
- AG ¶ 10(b)raisedFailure to Report Possession of a Passport or Identity Card Issued by Any Country Other Than the United States
- AG ¶ 10(c)raisedFailure to Use a U.S. Passport When Entering or Exiting the U.S.
- AG ¶ 7(a)raisedContact with a Foreign Family Member That Creates a Heightened Risk of Foreign Exploitation
- AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
- AG ¶ 7(f)raisedSubstantial Business, Financial, or Property Interests in a Foreign Country
- AG ¶ 11(e)appliedThe Exercise of the Entitlements or Benefits of Foreign Citizenship Do Not Present a National Security Concern
- AG ¶ 8(a)appliedThe Nature of the Relationships with Foreign Persons Is Such That It Is Unlikely the Individual Will Be Placed in a Position of Conflict
- AG ¶ 8(b)appliedThere Is No Conflict of Interest Due to Minimal Allegiance to the Foreign Individual
- AG ¶ 8(c)appliedContact with Foreign Citizens Is so Casual and Infrequent That It Is Unlikely to Create a Risk
Key rule quoted
“By itself, the fact that a U.S. citizen is also a citizen of another country is not disqualifying without a showing of such conflict or attempt at concealment.”
Procedural posture
- SOR issuedDec 6, 2016
- Answer filednullUnsigned letter from applicant
- Hearing heldnullRequested decision based on administrative record without a hearing
- Decision dateMar 29, 2018
Cite for
- Mitigation of Foreign Preference Concerns Under Guideline C
- Evaluation of Foreign Influence Based on Family Ties
- Consideration of OCI Card as Not Constituting Dual Citizenship