Summary
A 28-year-old research and development engineer was granted a security clearance despite concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons cited several issues, including the applicant's dual citizenship with South Korea, obtaining South Korean passports in 2003 and 2005, and using one for multiple travels. Further concerns included serving in the South Korean Army from June 2003 to June 2005, voting in a South Korean election in 2003 or 2004, and having approximately five bank accounts in South Korea. Additionally, the applicant's parents, grandparents, aunts, uncles, and cousins are all citizens and residents of South Korea, and he is engaged to marry a South Korean citizen and resident.
To mitigate these concerns, the applicant demonstrated that he allowed his South Korean citizenship to be canceled, which also invalidated his South Korean passport. He also severed his financial ties with South Korea. The applicant provided credible explanations for his past actions, including his vote in a South Korean election while serving in the military.
The judge found that the applicant's actions did not indicate a preference for South Korea over the United States. Based on the successful mitigation of the issues, the security clearance was granted.
Why the Applicant Prevailed
- The applicant allowed his South Korean citizenship to be canceled, demonstrating a willingness to renounce dual citizenship.
- The applicant's South Korean passport was invalidated upon cancellation of his citizenship, mitigating concerns under Guideline C.
- The applicant provided credible explanations for his past actions, including voting in a South Korean election while serving in the military.
Conditions Referenced
- AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
- AG ¶ 10(a)(2)raisedMilitary Service for a Foreign Country
- AG ¶ 10(a)(7)raisedVoting in a Foreign Election
- AG ¶ 7(a)raisedContact with Foreign Family Members
- AG ¶ 7(b)raisedConnections to a Foreign Country
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
- AG ¶ 7(e)raisedSubstantial Financial Interest in a Foreign Country
- AG ¶ 11(a)rejectedDual Citizenship Based Solely on Parents' CitizenshipThe applicant chose to keep his South Korean citizenship until completing military service.
- AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
- AG ¶ 11(c)rejectedExercise of Foreign Citizenship Rights as a MinorThe applicant received his first South Korean passport as an adult.
- AG ¶ 11(e)appliedForeign Passport Has Been Invalidated
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedJun 29, 2010
- Answer filedJul 21, 2010
- Hearing heldOct 25, 2010
- Decision dateJan 31, 2011
Cite For
- Mitigation of Foreign Preference Concerns Under Guideline C
- Criteria for Evaluating Foreign Influence Under Guideline B
- Impact of Renouncing Foreign Citizenship on Security Clearance Eligibility