Summary
A 31-year-old naturalized U.S. citizen, employed as a Communications Systems Engineer with a Doctorate in Electrical Engineering, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's dual citizenship with Poland, obtained by birth, and family ties to Poland were the primary issues.
The Statement of Reasons noted that the applicant's mother, father, sister, and brother are dual citizens of Poland and the United States. While his entire family came to the U.S. in 1992, his mother returned to Poland from 2014 to 2016, and his sister currently resides there. Additionally, his grandparents and numerous extended family members are citizens and residents of Poland. The applicant co-signed a bank account with his mother in 2005 for emergency purposes and rent deposits, though a family member now manages the properties. He obtained a Polish passport in 2005, which expired in 2015, and voted once in a Polish election in 2010.
The clearance was granted because the applicant's dual citizenship was solely based on birth, and he expressed a willingness to renounce it. His Polish passport and identification card were expired and invalid, demonstrating no current foreign preference. Furthermore, his family members in Poland are not affiliated with the government, mitigating the risk of foreign influence.
Why the Applicant Prevailed
- The applicant's dual citizenship was based solely on his birth in Poland, and he expressed a willingness to renounce it.
- The applicant's Polish passport and identification card were expired and invalid, indicating no current foreign preference.
- The applicant's family members in Poland are not affiliated with the government, reducing the risk of foreign influence.
Conditions Referenced
- 10.(a)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
- 7.(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
- 7.(b)raisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest
- 7.(d)raisedSharing Living Quarters with a Person or Persons, Regardless of Citizenship Status, If That Relationship Creates a Heightened Risk of Foreign Inducement
- 11.(a)appliedDual Citizenship Is Based Solely on Parent’s Citizenship or Birth in a Foreign Country
- 11.(b)appliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship
- 11.(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
- 8.(a)appliedThe Nature of the Relationships with Foreign Persons Are Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between Interests
- 8.(b)appliedThere Is No Conflict of Interest Due to Deep and Longstanding Relationships and Loyalties in the U.S.
- 8.(c)appliedContact or Communication with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood of Risk
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural Posture
- SOR issuedApr 29, 2016
- Answer filedJun 1, 2016
- Hearing heldJan 18, 2017via MS Teams
- Decision dateMar 28, 2017
Cite For
- Mitigating Conditions for Foreign Preference Under Guideline C
- Mitigating Conditions for Foreign Influence Under Guideline B
- Whole-person Assessment in Security Clearance Determinations