Summary
The applicant, a 34-year-old senior scientist and dual citizen of Egypt and the United States, faced security concerns under Guideline B (foreign influence) and Guideline C (foreign preference) due to his dual citizenship, use of an Egyptian passport, and family ties in Egypt and Saudi Arabia. The judge found that the applicant failed to mitigate these concerns, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant’s wife and three children are dual citizens of the United States and Egypt, and reside in the United States (2.a). The vast majority of Applicant’s immediate and extended family live abroad and are citizens of a country other than the United States (2.b). His father-in-law is a citizen of Egypt, and lives in Saudi Arabia where he is employed as a professor at a Saudi Arabian university (2.c). Applicant’s mother-in-law is a citizen of Syria, and also lives in Saudi Arabia (2.d). His brother, sister-in-law, and brother-in-law are citizens and residents of Egypt (2.e). Additionally, Applicant has two uncles, one aunt, and a grandmother who are citizens and residents of Egypt (2.f). He maintains frequent contact in varying degrees with all of his relatives in Saudi Arabia and Egypt (2.g). Lastly, Applicant maintains contact with three personal friends who are citizens and residents of Egypt (2.h). Applicant holds dual citizenship with Egypt and the United States (1.a). Applicant renewed his Egyptian passport in July 2006 and last used it in 2009 (1.b). Applicant stated that he is willing to give up his Egyptian passport, but is not willing to give up his Egyptian nationality (1.c). Applicant completed mandatory military service in the Egyptian Army and remained in the inactive reserve until December 2009 (1.d).
The judge denied the clearance. The government raised disqualifying conditions C10(a)(1), C10(a)(2), C10(a)(3), C10(d). The decision turned on the following: The applicant holds dual citizenship with Egypt and the United States, indicating a preference for a foreign country; He has used his Egyptian passport for travel, demonstrating foreign preference; The applicant expressed uncertainty about his allegiance between the United States and Egypt during an OPM interview.
Why the Applicant Was Denied
- The applicant holds dual citizenship with Egypt and the United States, indicating a preference for a foreign country.
- He has used his Egyptian passport for travel, demonstrating foreign preference.
- The applicant expressed uncertainty about his allegiance between the United States and Egypt during an OPM interview.
Conditions Referenced
- C10(a)(1)raisedPossession of a Current Foreign Passport
- C10(a)(2)raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country
- C10(a)(3)raisedAccepting Educational Benefits From a Foreign Country
- C10(d)raisedAny Statement or Action That Shows Allegiance to a Country Other Than the United States
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedNov 15, 2010
- Answer filedNov 24, 2010Applicant elected to proceed without a hearing.
- Hearing held—Written record decision.
- Decision dateJun 24, 2011
Cite For
- Foreign Preference Due to Dual Citizenship Under Guideline C
- Foreign Influence Concerns Related to Family Ties Abroad Under Guideline B
- Impact of Foreign Military Service on Security Clearance Eligibility