Summary
A 34-year-old dual citizen of Nigeria and the United States was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant admitted to having close family ties in Nigeria, including parents and two sisters, one residing in the Netherlands and another in the United States.
The Statement of Reasons highlighted that the applicant possessed an expired Nigerian passport, which she refused to relinquish or destroy. She stated her intention to use this passport to facilitate entry into Nigeria to settle her mother's affairs upon her death, maintaining her Nigerian citizenship for this purpose as the oldest daughter.
The denial was based on the finding that the applicant's close family ties in Nigeria created a heightened risk of foreign influence, raising concerns under Guideline B. Furthermore, her retention of the expired Nigerian passport indicated a preference for Nigeria over the United States, violating Guideline C. The judge concluded that the applicant failed to demonstrate that her ties to the United States outweighed her obligations to her family in Nigeria.
Why the Applicant Was Denied
- The applicant's close family ties in Nigeria raised security concerns under Guideline B due to the potential for foreign influence.
- The applicant's retention of an expired Nigerian passport indicated a preference for Nigeria, violating Guideline C.
- The applicant did not demonstrate that her ties to the United States outweighed her obligations to her family in Nigeria.
Conditions Referenced
- AG ¶ 79(a)raisedContact with Foreign Family MembersContact with family members in Nigeria creates a heightened risk of foreign exploitation.
- AG ¶ 7(b)raisedConnections to a Foreign CountryConnections to family in Nigeria create a potential conflict of interest.
- AG ¶ 10(a)raisedExercise of Foreign Citizenship RightsPossession of an expired Nigerian passport indicates exercise of foreign citizenship rights.
- AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant did not establish that her family members in Nigeria are not in a position to be exploited.
- AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant's sense of loyalty to her family in Nigeria was not shown to be minimal.
- AG ¶ 11(a)appliedDual Citizenship Based on BirthThe applicant's dual citizenship is based on her birth in Nigeria.
- AG ¶ 11(b)rejectedWillingness to Renounce Dual CitizenshipThe applicant did not express a willingness to renounce her dual citizenship.
- AG ¶ 11(e)rejectedPassport Destruction or SurrenderThe applicant retained her expired Nigerian passport for future use.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedMay 27, 2008
- Answer filedJun 9, 2008Applicant admitted the allegations.
- Hearing held—Applicant elected to have the matter decided on the written record.
- Decision dateNov 10, 2008
Cite For
- Heightened Risk of Foreign Influence Due to Family Ties Under Guideline B
- Indications of Foreign Preference Due to Retention of a Foreign Passport Under Guideline C
- Consideration of Dual Citizenship in Security Clearance Evaluations.