Summary
A 58-year-old naturalized U.S. citizen, born in Ireland, was denied a security clearance under Guideline C (Foreign Preference). The Statement of Reasons alleged that the applicant obtained and possessed an Irish passport, used it for travel to a Middle Eastern country, and, while stating a willingness to renounce his Irish citizenship, had not yet done so.
Disqualifying conditions were raised concerning the applicant's actions to obtain and possess a foreign passport. While mitigating conditions related to the applicant's willingness to renounce foreign citizenship and the infrequent exercise of foreign citizenship were considered, they were ultimately deemed insufficient.
The denial was based on the applicant's exercise of foreign citizenship by acquiring and using an Irish passport after becoming a U.S. citizen. The judge determined that the applicant's stated motivation for using the Irish passport—personal safety—indicated a preference for Ireland over the U.S. Furthermore, the applicant failed to provide sufficient evidence that he would not exercise the rights or privileges of Irish citizenship in the future.
Why the applicant was denied
- The applicant exercised his foreign citizenship by acquiring and using an Irish passport after becoming a U.S. citizen.
- The applicant's use of the Irish passport was motivated by a desire for personal safety, indicating a preference for Ireland over the U.S.
- The applicant failed to provide sufficient evidence that he would not exercise rights or privileges of Irish citizenship in the future.
Conditions referenced
- AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
- AG ¶ 10(b)raisedAction to Acquire or Obtain Recognition of a Foreign Citizenship
- AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
- AG ¶ 11(d)rejectedUse of Foreign Passport Approved by Security AuthorityThere was no evidence that the use of the Irish passport was approved by the cognizant security authority.
- AG ¶ 11(e)appliedPassport Has Been Destroyed or Surrendered
Key rule quoted
“For a U.S. citizen to voluntarily use a foreign passport to present himself as a citizen of another country is an act of foreign preference when he expects that, as a result of this act, he will be accorded protection and safety which would be denied him as a U.S. citizen.”
Procedural posture
- SOR issuedOct 26, 2011
- Answer filedNov 16, 2011Applicant requested case determination on the record.
- Hearing held—No hearing; decision made on the record.
- Decision dateApr 13, 2012
Cite for
- Foreign Preference Concerns Under Guideline C
- Impact of Dual Citizenship on Security Clearance Eligibility
- Criteria for Mitigating Foreign Preference in Security Clearance Cases