Summary
A 63-year-old naturalized U.S. citizen and manager in the defense industry was denied a security clearance under Guideline C (Foreign Preference). The denial stemmed from her possession and use of a German passport for work-related travel within Europe, even after becoming a U.S. citizen.
Specific concerns included her registration in Poland and Austria using her German passport, and her use of it to identify as a German citizen for obtaining visas, apartment ownership, and work permits while already holding a U.S. security clearance. The applicant also did not express a willingness to renounce her dual citizenship.
Despite her long employment in the defense sector and claims of U.S. loyalty, the judge determined that her continued use of the foreign passport and lack of intent to renounce dual citizenship demonstrated a preference for Germany over the United States. Consequently, her security clearance was denied.
Why the Applicant Was Denied
- The applicant possessed a current German passport, which she obtained after becoming a U.S. citizen, and continued to use it for travel.
- She expressed no willingness to renounce her dual citizenship with Germany, which raised security concerns.
- The applicant's use of her German passport for various foreign processes indicated a preference for a foreign country over the U.S.
Conditions Referenced
- AG ¶ 10(a)raisedPossession of a Current Foreign Passport
- AG ¶ 10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship by an American Citizen
- AG ¶ 11(a)rejectedDual Citizenship Is Based Solely on Parents’ Citizenship or Birth in a Foreign CountryThe applicant's dual citizenship extends to her retention and use of a German passport.
- AG ¶ 11(b)rejectedThe Individual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant did not express a willingness to renounce her dual citizenship.
- AG ¶ 11(e)rejectedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise InvalidatedThe applicant continues to actively use her German passport.
Key Rule Quoted
“The negative security significance of acts indicative of a foreign preference is not negated or diminished merely because an applicant engages in those acts for personal reasons or for personal convenience.”
Procedural Posture
- SOR issuedNov 29, 2007
- Answer filedFeb 8, 2008
- Hearing heldJul 2, 2008via video-teleconference
- Decision dateJul 18, 2008
Cite For
- Disqualifying Conditions Under Guideline C Due to Possession of a Foreign Passport
- Rejection of Mitigating Conditions Related to Dual Citizenship
- Impact of Foreign Preference on Security Clearance Eligibility