Summary
A 53-year-old U.S. citizen and master engineer, originally from Brazil, was granted a security clearance despite concerns under Guideline C (Foreign Preference). The Statement of Reasons alleged that the applicant exercised foreign preference by voting in Brazilian national elections in 2002, 2006, 2010, and 2014, and by using a Brazilian passport for travel to Brazil in at least 2013 and 2014.
The judge determined that the applicant's actions did not indicate a preference for Brazil over the United States. Key factors in this decision included the applicant's transparent disclosure of his Brazilian citizenship and voting history. He consistently used his U.S. passport for all international travel, except for trips to Brazil, where he openly used his Brazilian passport.
Ultimately, no evidence was presented to suggest that the applicant's actions conflicted with U.S. national interests, and no disqualifying conditions were established. The applicant successfully mitigated the initial concerns, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant disclosed his Brazilian citizenship and voting in Brazilian elections, demonstrating transparency.
- He used his U.S. passport for all foreign travel except to Brazil, where he used his Brazilian passport without attempting to conceal it.
- There was no evidence of actions that conflicted with U.S. national interests or any disqualifying conditions established.
Conditions Referenced
- AG ¶ 10(a)rejectedApplying for And/or Acquiring Citizenship in Any Other Country
- AG ¶ 10(b)rejectedFailure to Report Possession of a Passport Issued by Another Country
- AG ¶ 10(c)rejectedFailure to Use a U.S. Passport When Entering or Exiting the U.S.
- AG ¶ 10(d)rejectedParticipation in Foreign Activities
- AG ¶ 10(e)rejectedUsing Foreign Citizenship to Protect Financial Interests
- AG ¶ 10(f)rejectedAn Act of Expatriation From the United States
- AG ¶ 9appliedDual Citizenship Standing Alone Is Not Sufficient to Warrant an Adverse Security Clearance Decision.
Key Rule Quoted
“By itself; the fact that a U.S. citizen is also a citizen of another country is not disqualifying without an objective showing of such conflict or attempt at concealment.”
Procedural Posture
- SOR issuedAug 8, 2016
- Answer filedSep 1, 2016Requested decision on the record without a hearing.
- Hearing held—No hearing; decision made on the record.
- Decision dateSep 20, 2017
Cite For
- Mitigation of Foreign Preference Concerns Under Guideline C
- Transparency in Disclosing Foreign Citizenship and Voting
- Whole-person Analysis in Security Clearance Determinations