Summary
A 44-year-old dual citizen of the United States and Brazil was denied a security clearance under Guideline C (Foreign Preference). The applicant admitted to his dual citizenship and to maintaining and using a Brazilian passport for travel, which raised a Foreign Preference Disqualifying Condition. Additionally, the applicant had completed nearly a year of compulsory military service in Brazil in 1985.
The judge found that the applicant's continued maintenance and use of a foreign passport indicated a preference for foreign citizenship. While the applicant expressed a willingness to relinquish his Brazilian citizenship, this was deemed tentative and lacked supporting evidence.
Ultimately, the applicant provided insufficient information to mitigate the security concerns associated with his dual citizenship. The application was denied, with the decision emphasizing the importance of relinquishing foreign citizenship privileges to mitigate such concerns.
Why the Applicant Was Denied
- The applicant maintained a valid Brazilian passport and used it for travel, indicating a preference for foreign citizenship.
- The applicant's expression of a willingness to relinquish Brazilian citizenship was tentative and unsubstantiated by evidence.
- The applicant provided scant information to mitigate the security concerns associated with his dual citizenship.
Conditions Referenced
- AG ¶ 10(a)raisedExercise of Any Right or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
- AG ¶ 11(a)raisedDual Citizenship Is Based Solely on Parents’ Citizenship or Birth in a Foreign Country
- AG ¶ 11(b)rejectedThe Individual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant's expression was tentative and lacked supporting evidence.
- AG ¶ 11(c)rejectedExercise of the Rights, Privileges, or Obligations of Foreign Citizenship Occurred Before the Individual Became a U.S. Citizen or When the Individual Was a MinorThe applicant's use of a foreign passport occurred after he became a U.S. citizen.
Key Rule Quoted
“Any reasonable doubt about whether an applicant should be allowed access to sensitive information must be resolved in favor of protecting such sensitive information.”
Procedural Posture
- SOR issuedJun 17, 2010
- Answer filedAug 17, 2010
- Hearing held—Applicant chose a decision without a hearing.
- Decision dateJan 12, 2011
Cite For
- Denial of Security Clearance Due to Maintenance of Foreign Citizenship Privileges
- Importance of Relinquishing Foreign Passports for Security Clearance Eligibility
- Insufficient Evidence to Mitigate Foreign Preference Concerns