ISCR Case 07-10635.h1

Case Headnote

ISCR Case No. 07-10635.h1

deniedNov 12, 2008· Hon. Paul J. Mason· hearing

Summary

A 45-year-old Nigerian-born U.S. citizen was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and F (Financial Considerations). The applicant's foreign ties included a Nigerian passport, which he used for travel to Nigeria even after becoming a U.S. citizen and obtaining a U.S. passport in March 2003. His Nigerian passport was issued in September 2005 and expired in September 2010.

Further foreign ties included his father and stepmother, who are resident citizens of Nigeria, and his mother-in-law and father-in-law, who also reside in Nigeria. The applicant maintained regular contact with his father and provided financial support for medical issues in 2005 and 2006. He traveled to Nigeria multiple times between 2003 and 2006 to visit family. While his wife, a permanent U.S. resident, and three U.S.-born children reside with him, his wife did not apply for U.S. citizenship until September 2008, despite being eligible earlier.

Financial concerns also contributed to the denial. The applicant attempted to resolve debts through two Chapter 13 petitions, both of which were dismissed due to large payment amounts. Specific debts included a judgment for $9,427.00 from April 2003, which had grown to $15,010.00, and an $8,927.00 credit card debt. While some debts, including a revenue debt and a tax debt of $1,809.00, were paid, others remained unresolved or disputed. The judge ultimately denied the application, finding insufficient evidence to mitigate the risks associated with these foreign ties and financial issues.

Why the Applicant Was Denied

The applicant possessed and used a Nigerian passport after obtaining U.S. citizenship, indicating foreign preference.
The applicant maintained significant ties to family in Nigeria, creating potential for foreign influence.
The applicant's financial issues, including unresolved debts, raised concerns under financial considerations.

Conditions Referenced

Disqualifying

AG ¶ 6raisedForeign Influence
AG ¶ 9raisedForeign Preference
AG ¶ 20raisedFinancial Considerations

Mitigating

AG ¶ 11.eappliedForeign PreferenceThe applicant surrendered his Nigerian passport to the appropriate authority.
AG ¶ 20rejectedFinancial ConsiderationsThe applicant's financial issues were not sufficiently resolved.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedApr 16, 2008
Answer filedMay 15, 2008
Hearing heldSep 10, 2008
Decision dateNov 12, 2008

Cite For

Foreign Preference Due to Possession of a Foreign Passport After Naturalization
Potential for Foreign Influence Due to Family Ties in a Foreign Country
Financial Considerations Impacting Security Clearance Eligibility

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	Applicant’s wife was born in December 1963. She immigrated to the U.S. on a student visa in 1989 to begin graduate school. In 1989, she completed a Master’s degree in Communications in the U.S. She married Applicant in March 1993, and not March 2003. She has her permanent resident card. She did not apply for citizenship in 2000 when first eligible because she was not interested in becoming a U.S. citizen; she applied on September 9, 2008. Due to a debilitating health condition that makes it difficult for her to sustain employment, Applicant’s wife has not been employed since his two-year period of unemployment between May 2002 and June 2004. Applicant and his wife have three children, all born in the U.S. The first was born in December 1993, the second in March 1995, and the third in February 2000.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Nigeria HEIGHTENED RISK	Denied	—	—	—
2.b	Applicant’s father and stepmother are resident citizens of Nigeria. His father was born in April 1933. Applicant’s mother is deceased. The father, formerly an associate director of a Nigerian radio corporation, retired after a military coup in 2004, and lives on a pension. As noted below, he also receives income from commercial buildings he owns. Applicant is very close to his father, and telephones him about twice a month, but estimated his wife’s communication with her parents was more frequent. Applicant sent his father about $500.00 in 2005 and 2006 to address immediate medical problems. Applicant no longer sends money as his father is financially self-sufficient now. Applicant’s father tried to immigrate to the U.S. about 1 ½ years ago, but his visitor’s visa was denied based on his inability to show sufficient ties to Nigeria. After realizing his father needed better medical attention, Applicant believes that circumstances warrant his father seeking a more permanent resident status in the U.S.	Against Applicant	Parent in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Denied	—	—	—
2.c	In his answer, Applicant admitted he had a brother who is a resident citizen of Nigeria. However, there are no references in GE 1, GE 3, or the transcript to a brother who is a resident citizen of Nigeria. Applicant furnished testimony about his stepbrother who lives on the west coast of the U.S. The step brother is a U.S. resident alien who served in the U.S. Navy, and is pursuing a career in the pharmaceutical industry. Because the relative was not correctly identified in the allegations of foreign influence, SOR 2.c. is found for Applicant.	For Applicant	Unspecified Foreign Relationship Other	—	Admitted	—	—	—
2.d	Applicant’s mother-in-law was born in Nigeria in August 1940, and is a resident citizen of the country. She has always been a homemaker. Applicant’s father-in-law was born in Nigeria in October 1935. He was a professor at a college in the Midwest until 2002, when he and his wife relocated Nigeria. The father-in-law is retired, and also is an education advisor to one of the state governments of Nigeria.	Against Applicant	In Law in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Denied	—	—	—
2.e	specific text not stated in this decision	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—
2.f	Applicant traveled to Nigeria about five to six times in the last six years, but remembered visits in 2003, 2004, 2005, and 2006. Because he had not seen his family for some time, and also had not seen the country since 1989, particularly his ill father, Applicant visited the country in 2003. He financed his first trip in 2003 with his own money. All his visits to see relatives lasted about two weeks. Applicant has an older sister who was born in Nigeria in November 1961. She is a naturalized U.S. citizen, and employed as an administrative law judge in a northeastern part of the U.S. A younger sister, born in Nigeria in August 1964, is a naturalized U.S. citizen and an attorney with a federal maritime agency in the middle Atlantic region of the U.S.	For Applicant	Unspecified Foreign Relationship Other	Nigeria HEIGHTENED RISK	Denied	—	—	—
2.g	specific text not stated in this decision	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s wife was born in December 1963. She immigrated to the U.S. on a student visa in 1989 to begin graduate school. In 1989, she completed a Master’s degree in Communications in the U.S. She married Applicant in March 1993, and not March 2003. She has her permanent resident card. She did not apply for citizenship in 2000 when first eligible because she was not interested in becoming a U.S. citizen; she applied on September 9, 2008. Due to a debilitating health condition that makes it difficult for her to sustain employment, Applicant’s wife has not been employed since his two-year period of unemployment between May 2002 and June 2004. Applicant and his wife have three children, all born in the U.S. The first was born in December 1993, the second in March 1995, and the third in February 2000.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Nigeria

HEIGHTENED RISK

Denied

—

2.b

Applicant’s father and stepmother are resident citizens of Nigeria. His father was born in April 1933. Applicant’s mother is deceased. The father, formerly an associate director of a Nigerian radio corporation, retired after a military coup in 2004, and lives on a pension. As noted below, he also receives income from commercial buildings he owns. Applicant is very close to his father, and telephones him about twice a month, but estimated his wife’s communication with her parents was more frequent. Applicant sent his father about $500.00 in 2005 and 2006 to address immediate medical problems. Applicant no longer sends money as his father is financially self-sufficient now. Applicant’s father tried to immigrate to the U.S. about 1 ½ years ago, but his visitor’s visa was denied based on his inability to show sufficient ties to Nigeria. After realizing his father needed better medical attention, Applicant believes that circumstances warrant his father seeking a more permanent resident status in the U.S.

Against Applicant

Parent in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Denied

—

2.c

In his answer, Applicant admitted he had a brother who is a resident citizen of Nigeria. However, there are no references in GE 1, GE 3, or the transcript to a brother who is a resident citizen of Nigeria. Applicant furnished testimony about his stepbrother who lives on the west coast of the U.S. The step brother is a U.S. resident alien who served in the U.S. Navy, and is pursuing a career in the pharmaceutical industry. Because the relative was not correctly identified in the allegations of foreign influence, SOR 2.c. is found for Applicant.

For Applicant

Unspecified Foreign Relationship

Other

—

Admitted

—

2.d

Applicant’s mother-in-law was born in Nigeria in August 1940, and is a resident citizen of the country. She has always been a homemaker. Applicant’s father-in-law was born in Nigeria in October 1935. He was a professor at a college in the Midwest until 2002, when he and his wife relocated Nigeria. The father-in-law is retired, and also is an education advisor to one of the state governments of Nigeria.

Against Applicant

In Law in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Denied

—

2.e

specific text not stated in this decision

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

2.f

Applicant traveled to Nigeria about five to six times in the last six years, but remembered visits in 2003, 2004, 2005, and 2006. Because he had not seen his family for some time, and also had not seen the country since 1989, particularly his ill father, Applicant visited the country in 2003. He financed his first trip in 2003 with his own money. All his visits to see relatives lasted about two weeks. Applicant has an older sister who was born in Nigeria in November 1961. She is a naturalized U.S. citizen, and employed as an administrative law judge in a northeastern part of the U.S. A younger sister, born in Nigeria in August 1964, is a naturalized U.S. citizen and an attorney with a federal maritime agency in the middle Atlantic region of the U.S.

For Applicant

Unspecified Foreign Relationship

Other

Nigeria

HEIGHTENED RISK

Denied

—

2.g

specific text not stated in this decision

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant received his U.S. citizenship on March 21, 2003, and his U.S. passport on March 31, 2003.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	—	—
1.b	Applicant had a Nigerian passport that was issued in September 2005, with an expiration date of September 2010.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.c	When Applicant was issued the Nigerian passport, he already had a U.S. passport that he was issued in March 2003.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.d	Applicant used his Nigerian passport instead of his U.S. passport for travel in and out of Nigeria.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
2	specific text not stated in this decision	Unknown	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant received his U.S. citizenship on March 21, 2003, and his U.S. passport on March 31, 2003.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

1.b

Applicant had a Nigerian passport that was issued in September 2005, with an expiration date of September 2010.

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.c

When Applicant was issued the Nigerian passport, he already had a U.S. passport that he was issued in March 2003.

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.d

Applicant used his Nigerian passport instead of his U.S. passport for travel in and out of Nigeria.

For Applicant

Foreign Passport Possession or Use

Admitted

—

specific text not stated in this decision

Unknown

Unspecified Foreign Preference

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant tried to resolve his debts through two Chapter 13 petitions, but both petitions were dismissed because the payments were too large.	For Applicant	Unspecified Financial	Unknown	—	—	—
3.b	Applicant tried to resolve his debts through two Chapter 13 petitions, but both petitions were dismissed because the payments were too large.	For Applicant	Unspecified Financial	Unknown	—	—	—
3.c	The creditor filed a judgment against Applicant in April 2003 for $9427.00. The amount is currently $15,010.00 as noted in the SOR. $15,010	For Applicant	Judgment Against Applicant	Unknown	—	—	—
3.d	The credit card creditor is due $8,927.00. Applicant recalls he was a user on this card. $8,927	For Applicant	Credit Card Debt	Unknown	—	—	—
3.e	The revenue debt was paid in March 2008 and the account was deleted.	For Applicant	Unspecified Financial	Unknown	—	—	—
3.f	The tax debt of $1,809.00 was paid in December 2004. $1,809	For Applicant	Tax Unpaid	Unknown	—	—	—
3.g	The collection account reflects a zero balance based on GE 7 and AE D.	For Applicant	Unspecified Financial	Unknown	—	—	—
3.h	The account does not appear in GE 7. AE D reflects the account was deleted. Applicant never had an account with this bank.	For Applicant	Unspecified Financial	Unknown	—	—	—
3.i	The telephone account does not appear in GE 7, and according to AE D, was disputed account was deleted.	For Applicant	Unspecified Financial	Unknown	—	—	—
3.j	This account is not addressed in AE D, but it does not appear in GE 7. Applicant believes that the errant accounts appear in his credit report due to a security breach that occurred at his employer.	For Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant tried to resolve his debts through two Chapter 13 petitions, but both petitions were dismissed because the payments were too large.

For Applicant

Unspecified Financial

Unknown

—

3.b

Applicant tried to resolve his debts through two Chapter 13 petitions, but both petitions were dismissed because the payments were too large.

For Applicant

Unspecified Financial

Unknown

—

3.c

The creditor filed a judgment against Applicant in April 2003 for $9427.00. The amount is currently $15,010.00 as noted in the SOR.

$15,010

For Applicant

Judgment Against Applicant

Unknown

—

3.d

The credit card creditor is due $8,927.00. Applicant recalls he was a user on this card.

$8,927

For Applicant

Credit Card Debt

Unknown

—

3.e

The revenue debt was paid in March 2008 and the account was deleted.

For Applicant

Unspecified Financial

Unknown

—

3.f

The tax debt of $1,809.00 was paid in December 2004.

$1,809

For Applicant

Tax Unpaid

Unknown

—

3.g

The collection account reflects a zero balance based on GE 7 and AE D.

For Applicant

Unspecified Financial

Unknown

—

3.h

The account does not appear in GE 7. AE D reflects the account was deleted. Applicant never had an account with this bank.

For Applicant

Unspecified Financial

Unknown

—

3.i

The telephone account does not appear in GE 7, and according to AE D, was disputed account was deleted.

For Applicant

Unspecified Financial

Unknown

—

3.j

This account is not addressed in AE D, but it does not appear in GE 7. Applicant believes that the errant accounts appear in his credit report due to a security breach that occurred at his employer.

For Applicant

Unspecified Financial

Unknown

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

FORMAL FINDINGS

CONCLUSION