Summary
The applicant, a 41-year-old dual citizen of Tunisia and France, sought a security clearance under Guidelines B and C. The applicant mitigated concerns regarding foreign influence and preference by demonstrating strong ties to the U.S., surrendering her foreign passports, and expressing loyalty to the U.S. The judge found that the applicant's familial connections did not pose a heightened risk of foreign exploitation.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant’s parents are dual citizens of France and Tunisia and reside in France (2.a). Applicant’s brother and sister are dual citizens of France and Tunisia and reside in France (2.b). Applicant’s mother’s cousin is a General in the Tunisian military (2.c). Applicant possesses the inheritance rights for her family’s properties in France and Tunisia (2.d). Applicant traveled to Tunisia in 2004, 2006, and 2008 (2.e). Applicant traveled to France in 2004, 2005, 2007, 2008, and 2009 (2.f). Applicant exercises Tunisian citizenship by possessing a valid Tunisian passport (1.a). Applicant used her Tunisian passport for travel after she was issued a U.S. passport in June 2001 (1.b). Applicant has exercised dual citizenship with France by possessing a valid French passport (1.c). Applicant has used her French passport for international travel (1.d).
The judge granted the clearance. The government raised disqualifying conditions C10(a), C10(d), B7(a), B7(e). The judge applied mitigating conditions C11(a), C11(e), B8(a), B8(b). The decision turned on the following: The applicant surrendered her foreign passports to the Facility Security Officer; The applicant demonstrated significant ties to the U.S. through her long-term residency and employment; The applicant expressed loyalty to the U.S. and has not voted in foreign elections since becoming a U.S. citizen.
Why the Applicant Prevailed
- The applicant surrendered her foreign passports to the Facility Security Officer.
- The applicant demonstrated significant ties to the U.S. through her long-term residency and employment.
- The applicant expressed loyalty to the U.S. and has not voted in foreign elections since becoming a U.S. citizen.
Conditions Referenced
- C10(a)raisedPossession of a Current Foreign Passport
- C10(d)raisedAny Statement or Action That Shows Allegiance to a Country Other Than the United States
- B7(a)raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country
- B7(e)raisedA Substantial Business, Financial, or Property Interest in a Foreign Country
- C11(a)appliedDual Citizenship Is Based Solely on Parent’s Citizenship or Birth in a Foreign Country
- C11(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
- B8(a)appliedThe Nature of the Relationships with Foreign Persons Is Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual and the Interests of the U.S.
- B8(b)appliedThere Is No Conflict of Interest Due to Deep and Longstanding Relationships and Loyalties in the U.S.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 7, 2010
- Answer filedSep 23, 2010
- Hearing heldDec 14, 2010
- Decision dateMar 23, 2011
Cite For
- Mitigation of Foreign Influence Concerns Under Guideline B
- Mitigation of Foreign Preference Concerns Under Guideline C
- Consideration of Familial Ties and Their Impact on Security Clearance Eligibility