Summary
A 29-year-old systems engineer, born in the U.S. to a Colombian mother, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his Colombian citizenship, obtained in 2008 at age 20 at his mother's influence, and his family and real estate interests in Colombia, including property valued at approximately $40,000.
Disqualifying conditions under Guideline B, specifically AG ¶ 10(b), were raised. However, the judge applied several mitigating conditions, including AG ¶ 11(b) for Guideline C, and AG ¶ 8(a), AG ¶ 8(b), AG ¶ 8(c), and AG ¶ 8(f) for Guideline B.
The judge determined that the applicant had sufficiently mitigated the concerns. This was based on his expressed willingness to renounce his Colombian citizenship if required, his minimal ties and insignificant financial interests in Colombia, and the fact that his family members in Colombia do not work for the government and he has infrequent contact with them. The security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant expressed a willingness to renounce his Colombian citizenship if requested.
- The applicant's ties to Colombia were minimal and he had no significant financial interests there.
- The applicant's family members in Colombia do not work for the government and he has infrequent contact with them.
Conditions Referenced
- AG ¶ 10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship by an American Citizen.
- AG ¶ 11(b)appliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship.
- 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 Having to Choose Between the Interests of a Foreign Individual and the Interests of the U.S.
- AG ¶ 8(b)appliedThere Is No Conflict of Interest Due to the Individual's Deep and Longstanding Relationships and Loyalties in the U.S.
- AG ¶ 8(c)appliedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood That It Could Create a Risk for Foreign Influence or Exploitation.
- AG ¶ 8(f)appliedThe Value or Routine Nature of the Foreign Business, Financial, or Property Interests Is Such That They Are Unlikely to Result in a Conflict.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 21, 2015
- Answer filedSep 25, 2015
- Hearing heldFeb 25, 2016
- Decision dateApr 25, 2017
Cite For
- Mitigation of Foreign Preference Concerns Under Guideline B
- Mitigation of Foreign Influence Concerns Under Guideline C
- Whole Person Analysis in Security Clearance Determinations