Summary
A 24-year-old federal contractor was granted a security clearance despite concerns under Guideline C (Foreign Preference) related to her Italian citizenship and an expired Italian passport. The Statement of Reasons (SOR) alleged the applicant expressed uncertainty about her allegiance between Italy and the U.S., citing family in both countries and identification with both. The SOR also noted she obtained an Italian passport in 1999, used it once, and it expired in 2004. Additionally, she was registered with the Italian Registry of Citizens Living Abroad.
Disqualifying conditions under Guideline C were raised, specifically concerning dual citizenship and actions indicating foreign preference. However, several mitigating conditions were applied. The judge determined that the applicant's Italian citizenship was solely derived from her mother's citizenship and her birth in Italy, and her initial statements regarding allegiance were misunderstood.
Ultimately, the applicant demonstrated a clear willingness to renounce her Italian citizenship if required for her security clearance. Her expired Italian passport was not considered a current disqualifying factor. Based on these mitigating factors, the security clearance was granted.
Why the applicant prevailed
- The applicant's Italian citizenship was based solely on her mother's citizenship and her birth in Italy.
- She expressed a willingness to renounce her Italian citizenship if required.
- The applicant's expired Italian passport was not a current disqualifying factor.
Conditions referenced
- AG ¶ 10(a)notedPossession of a Current Foreign Passport
- AG ¶ 10(d)raisedAny Statement or Action That Shows Allegiance to a Country Other Than the United States
- AG ¶ 11(a)appliedDual Citizenship Is Based Solely on Parents’ Citizenship or Birth in a Foreign Country
- AG ¶ 11(b)appliedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship
- AG ¶ 11(c)appliedExercise of the Rights, Privileges, or Obligations of Foreign Citizenship Occurred Before the Individual Became a U.S. Citizen or When the Individual Was a Minor
- AG ¶ 11(e)appliedPossession or Use of a Foreign Passport Has Been Destroyed, Surrendered, or Otherwise Invalidated
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural posture
- SOR issuedMay 21, 2009
- Answer filedJun 8, 2009Applicant requested a hearing.
- Hearing heldJul 31, 2009
- Decision dateAug 24, 2009
Cite for
- Mitigation of Foreign Preference Concerns Under Guideline C
- Consideration of Applicant's Age and Inexperience in Security Clearance Process
- Importance of the Whole Person Concept in Security Clearance Determinations