ISCR Case 01-07620.h1

Case Headnote

ISCR Case No. 01-07620.h1

grantedAug 6, 2007· Hon. Noreen A. Lynch· hearing

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

Disqualifying

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.

Mitigating

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.”
— Afroyim v. Rusk, 387 U.S. 253 (1967)

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

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	An immediate family member or person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.	For Applicant	Parent in Foreign Country Immediate Family	Denmark LOW RISK / ALLY	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.b	Sharing living quarters with a person or persons, regardless of their citizenship status, if the potential for adverse foreign influence or duress exists.	For Applicant	Parent in Foreign Country Immediate Family	Denmark LOW RISK / ALLY	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
2.c	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

An immediate family member or person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.

For Applicant

Parent in Foreign Country

Immediate Family

Denmark

LOW RISK / ALLY

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

2.b

Sharing living quarters with a person or persons, regardless of their citizenship status, if the potential for adverse foreign influence or duress exists.

For Applicant

Parent in Foreign Country

Immediate Family

Denmark

LOW RISK / ALLY

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

2.c

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	Possession and/or use of a foreign passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.c	The applicant has expressed a willingness to renounce dual citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(f) the foreign preference, if detected, involves a foreign country/entity/association that poses a low national security risk	—
1.d	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

1.b

Possession and/or use of a foreign passport.

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.c

The applicant has expressed a willingness to renounce dual citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(f) the foreign preference, if detected, involves a foreign country/entity/association that poses a low national security risk

—

1.d

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES