Summary
A 58-year-old programmer, a dual citizen of the U.S. and Tunisia, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant retained his Tunisian citizenship and passport, which he used for travel to Tunisia, and renewed his Tunisian passport in September 2006. He has traveled to Tunisia multiple times between 2003 and 2006, experiencing some harassment at the airport there.
The applicant has extensive family ties in Tunisia, including his mother, brother, three sisters, brother-in-law, mother-in-law, and four of his wife's siblings, all of whom are Tunisian citizens residing in Tunisia. His brother is a retired officer in the Tunisian military, and his brother-in-law is a police officer. The applicant provides approximately $200 per month in financial support to his mother in Tunisia and also supports a nephew, a Tunisian citizen attending college in the U.S. The applicant's wife and three children are also dual citizens of the U.S. and Tunisia and reside with him in the U.S.
The judge determined that the applicant's close family ties in Tunisia, particularly those with connections to the Tunisian government, created an unmitigated risk of foreign influence and preference. The applicant also expressed concerns that his statements about his brother's treatment in the Tunisian military could jeopardize the safety of his mother and brother. These factors led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant retained his Tunisian citizenship and passport, indicating a preference for foreign citizenship.
- Close family ties to Tunisia, including relatives with connections to the Tunisian government, raised significant security risks.
- The applicant failed to mitigate the risks associated with his dual citizenship and foreign ties.
Conditions Referenced
- C1raisedPossession of a Current Foreign Citizenship
- B2raisedContact with a Foreign Family Member
Key Rule Quoted
“If the Government meets its burden... the burden of persuasion then shifts to the Applicant to present evidence in refutation, extenuation or mitigation sufficient to demonstrate that... it is nevertheless clearly consistent with the interests of national security to grant or continue a security clearance for the Applicant.”
Procedural Posture
- SOR issuedSep 4, 2006
- Answer filedNov 3, 2006
- Hearing heldFeb 15, 2007
- Decision dateApr 9, 2007
Cite For
- Security Concerns Related to Dual Citizenship Under Guideline C
- Impact of Foreign Family Ties on Security Clearance Eligibility Under Guideline B
- Failure to Mitigate Risks Associated with Foreign Influence and Preference