Summary
A 56-year-old naturalized U.S. citizen, originally from Mexico, was denied a security clearance under Guideline C, Foreign Preference. The applicant admitted to maintaining dual citizenship with Mexico, which he stated was to protect his property interests there, specifically a home and a bank account.
The Statement of Reasons alleged that the applicant claimed dual citizenship after becoming a U.S. citizen, opened a bank account, and purchased real property in Mexico. It further noted his willingness to renounce Mexican citizenship was conditional upon finding an alternative method to protect his property. These actions were cited as indicating a preference for foreign citizenship over U.S. citizenship.
The judge found that the applicant's admission of dual citizenship and his stated reason for maintaining it—to protect financial interests—demonstrated a preference for foreign citizenship. The applicant's conditional willingness to renounce his Mexican citizenship was deemed insufficient to mitigate the security concerns raised. Consequently, the application was denied.
Why the Applicant Was Denied
- The applicant admitted to holding dual citizenship with Mexico after becoming a U.S. citizen.
- He claimed dual citizenship to protect his financial interests in Mexico, indicating a preference for foreign citizenship.
- The applicant's conditional willingness to renounce his Mexican citizenship was insufficient to mitigate security concerns.
Conditions Referenced
- AG ¶ 10(a)(5)raisedUsing Foreign Citizenship to Protect Financial or Business Interests in Another Country
- AG ¶ 10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship by an American Citizen
- AG ¶ 11(a)rejectedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign CountryThe applicant's dual citizenship was not solely based on his birth in Mexico.
- AG ¶ 11(b)rejectedWillingness to Renounce Dual CitizenshipThe applicant's willingness to renounce was conditional on finding an alternative to protect his property.
- AG ¶ 11(c)rejectedExercise of Rights of Foreign Citizenship Occurred Before Becoming a U.S. CitizenThe applicant exercised rights of foreign citizenship after becoming a U.S. citizen.
Key Rule Quoted
“"Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security."”
Procedural Posture
- SOR issuedJul 6, 2010
- Answer filedAug 2, 2010Requested decision on the record.
- Hearing held—No hearing; decision made on the written record.
- Decision dateDec 15, 2010
Cite For
- Denial of Security Clearance Due to Foreign Preference Under Guideline C
- Impact of Dual Citizenship on Security Clearance Eligibility
- Conditional Willingness to Renounce Foreign Citizenship as Insufficient for Mitigation