Summary
A 32-year-old dual citizen of Ecuador and the United States was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from the applicant's continued possession of an Ecuadorian passport, obtained in April 2011, and his use of it for travel. Additionally, the applicant voted in the Ecuadorian general election in 2009.
These actions were seen as demonstrating a preference for Ecuador over the United States and an exercise of foreign citizenship rights after becoming a U.S. citizen. While mitigating conditions C11(b) and C11(d) were considered, the judge found that the applicant did not unequivocally express a willingness to renounce his Ecuadorian citizenship.
Ultimately, the applicant failed to demonstrate sufficient willingness to renounce his foreign citizenship, and his ties to Ecuador were determined to pose a heightened risk of foreign influence. Consequently, the security clearance was denied.
Why the applicant was denied
- The applicant possessed a current Ecuadorian passport and used it for travel, indicating a preference for Ecuador over the United States.
- The applicant's voting in the Ecuadorian general election demonstrated an exercise of foreign citizenship rights after becoming a U.S. citizen.
- The applicant did not unequivocally express a willingness to renounce his Ecuadorian citizenship, which raised security concerns.
Conditions referenced
- C10(a)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
- C10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship by an American Citizen
- B7(a)raisedContact with a Foreign Family Member, Business or Professional Associate, Friend, or Other Person Who Is a Citizen of or Resident in a Foreign Country
- B7(d)raisedSharing Living Quarters with a Person or Persons, Regardless of Citizenship Status
- B7(e)raisedA Substantial Business, Financial, or Property Interest in a Foreign Country
- C11(b)rejectedThe Individual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant's willingness to renounce was contingent upon a request, lacking unequivocal commitment.
- C11(d)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise InvalidatedThe applicant surrendered his Ecuadorian passport but did not mitigate the concerns due to continued use of it.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 6, 2010
- Answer filedOct 18, 2010Requested a hearing if necessary.
- Hearing heldApr 27, 2011
- Decision dateJun 30, 2011
Cite for
- Security Concerns Regarding Dual Citizenship Under Guideline C
- Impact of Foreign Voting on Security Clearance Eligibility
- Heightened Risk of Foreign Influence Due to Family Ties in a Foreign Country