Summary
A 27-year-old engineer, employed by a defense contractor, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant was born in Germany to a U.S. citizen father and a Danish citizen mother, resulting in dual citizenship with Denmark.
The Statement of Reasons raised concerns regarding an immediate family member being a foreign citizen, the potential for adverse foreign influence due to shared living quarters, the exercise of dual citizenship, and the possession and/or use of a foreign passport. However, the applicant had surrendered his Danish passport in 2006 and expressed a willingness to formally renounce his Danish citizenship if required.
The judge found that the applicant successfully mitigated these security concerns. Key factors included his surrender of the Danish passport, demonstrating a commitment to U.S. loyalty, and his family's strong ties to the U.S. military, with his father holding a top secret clearance since 1972. These mitigating factors led to the granting of the security clearance.
Why the applicant prevailed
- Applicant surrendered his Danish passport in 2006, demonstrating a commitment to U.S. loyalty.
- His family has strong ties to the U.S. military, with his father holding a top secret clearance since 1972.
- The applicant expressed a willingness to renounce his Danish citizenship if required.
Conditions referenced
- E2.A2.1.2.1raisedForeign Influence Disqualifying ConditionApplicant's mother is a Danish citizen residing in Germany.
- E2.A3.1.2.1raisedForeign Preference Disqualifying ConditionApplicant exercised dual citizenship by renewing and using a Danish passport.
- E2.A3.1.2.2raisedForeign Preference Disqualifying ConditionApplicant possessed and used a foreign passport.
- E2.A2.1.3.1rejectedForeign Influence Mitigating ConditionApplicant did not provide information about his mother's contacts with the Danish government.
- E2.A3.1.3.1appliedForeign Preference Mitigating ConditionDual citizenship is based solely on parents' citizenship.
- E2.A3.1.3.4appliedForeign Preference Mitigating ConditionApplicant expressed willingness to renounce dual citizenship.
Key rule quoted
“The eligibility of a United States citizen for dual citizenship with another country, by itself, is not a security concern.”
Procedural posture
- SOR issuedMay 6, 2006
- Answer filedMay 22, 2006
- Hearing held—Applicant elected to have the case decided on the written record.
- Decision dateAug 6, 2007
Cite for
- Mitigation of Foreign Influence Concerns Due to Strong Family Ties to U.S. Military
- Surrender of Foreign Passport as a Mitigating Factor Under Guideline C
- Consideration of Dual Citizenship in Security Clearance Determinations