Summary
The applicant, a 46-year-old naturalized U.S. citizen originally from the UK, sought a security clearance under Guideline B (foreign influence) and Guideline C (foreign preference). Despite having family ties and financial interests in the UK, the judge found that these did not pose a heightened risk of foreign influence or exploitation, particularly after the applicant surrendered her UK passport. The applicant's strong ties and significant financial interests in the U.S. were deemed to mitigate the concerns, leading to a granted decision for security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant’s parents, sister, and parents-in-law are citizens and residents of the UK (2.a). Applicant owns a property interest in a house she and her husband purchased in 1997 for about $200,000, and on another property purchased in 1990 for about $52,000 (2.b). Applicant has significant financial and property interests in the UK (2.c). Applicant is a dual citizen of the United States and the UK. She was born, raised, and educated in the UK by her UK parents and relatives. She immigrated to the United States in 2000, at age 30. Applicant became a naturalized U.S. citizen in 2014, and was issued a U.S. passport shortly thereafter. She possessed an UK passport before immigrating to the United States. There is no evidence to show that Applicant ever used her UK passport after becoming a U.S. citizen and receiving her U.S. passport. Applicant stated that she returned her UK passport to UK authorities shortly after her 2015 interview with a government agent. Applicant continues to hold financial and proprietary interests in the UK (1.a).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 10(a), AG ¶ 10(e). The judge applied mitigating conditions AG ¶ 11(e), AG ¶ 11(b), AG ¶ 8(b). The decision turned on the following: The applicant surrendered her UK passport, mitigating foreign preference concerns; The applicant's financial interests in the UK were deemed insignificant compared to her U.S. interests; The relationship between the U.S. and the UK was considered favorable, reducing foreign influence risks.
Why the Applicant Prevailed
- The applicant surrendered her UK passport, mitigating foreign preference concerns.
- The applicant's financial interests in the UK were deemed insignificant compared to her U.S. interests.
- The relationship between the U.S. and the UK was considered favorable, reducing foreign influence risks.
Conditions Referenced
- AG ¶ 10(a)raisedPossession of a Current Foreign Passport
- AG ¶ 10(e)raisedSubstantial Business, Financial, or Property Interest in a Foreign Country
- AG ¶ 11(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
- AG ¶ 11(b)appliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship
- AG ¶ 8(b)appliedThe Individual Has Such Deep and Longstanding Relationships and Loyalties in the U.S.
Key Rule Quoted
“Eligibility for access to classified information may be granted "only upon a finding that it is clearly consistent with the national interest to do so."”
Procedural Posture
- SOR issuedApr 10, 2016
- Answer filedMay 4, 2016Requested decision based on written record.
- Hearing held—Decision based on written record.
- Decision dateMar 21, 2017
Cite For
- Mitigation of Foreign Influence Concerns Due to Favorable U.S.-UK Relations
- Surrender of Foreign Passport as a Mitigating Factor
- Significance of U.S. Financial Interests Over Foreign Interests in Security Clearance Decisions.