ISCR Case 10-05150.h1

Case Headnote

ISCR Case No. 10-05150.h1

grantedJul 1, 2010· Hon. Noreen A. Lynch· hearing

Summary

A naturalized U.S. citizen, originally from Poland, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant, who became a U.S. citizen in 2000 after arriving in 1992, maintained dual citizenship and possessed a Polish passport, which he renewed in 2010. He had traveled to Poland in 2002 and 2003, using both his U.S. and Polish passports.

The Statement of Reasons highlighted his Polish birth and citizenship, his acquisition and renewal of a Polish passport, and his use of both passports for international travel. However, after being informed that surrendering his Polish passport would not renounce his Polish citizenship, the applicant promptly surrendered it to his security officer.

The judge determined that the applicant's strong ties to the United States, demonstrated through his family, career, and financial interests, outweighed the potential risks. His decision to surrender his Polish passport specifically mitigated concerns related to foreign preference. Furthermore, his relationships with family members in Poland were not found to pose a significant risk of foreign influence, leading to the granting of the security clearance.

Why the Applicant Prevailed

The applicant demonstrated strong ties to the United States through his family, career, and financial interests.
He surrendered his Polish passport, mitigating concerns under Guideline C.
The applicant's relationships with family members in Poland were not deemed to pose a significant risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(b)raisedConnections to a Foreign Person, Group, Government, or Country That Create a Potential Conflict of Interest
AG ¶ 7(e)raisedA Substantial Business, Financial, or Property Interest in a Foreign Country

Mitigating

AG ¶ 8(a)appliedThe Nature of the Relationships with Foreign Persons Is Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between the Interests of a Foreign Individual and the Interests of the U.S.
AG ¶ 8(b)appliedThe Individual Has Such Deep and Longstanding Relationships and Loyalties in the U.S. That the Individual Can Be Expected to Resolve Any Conflict of Interest in Favor of the U.S. Interest
AG ¶ 11(e)appliedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated

Key Rule Quoted

“"Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG."”

Procedural Posture

SOR issuedMay 23, 2012
Answer filed—
Hearing heldAug 7, 2012
Decision date—

Cite For

Mitigation of Foreign Preference Concerns Through Surrendering a Foreign Passport
Consideration of Familial Ties Under Guideline B
The Importance of Demonstrating Strong Ties to the U.S. in Security Clearance Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a–2.g	7 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Immediate Family	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a–2.g

7 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Unspecified Foreign Relationship

Immediate Family

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant was born and raised in Poland and he was a Polish citizen. He came to the United States in 1992 and became a naturalized U.S. citizen in 2000. Applicant explained that he has maintained a dual citizenship for family reasons.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	Applicant applied for, and was issued, a Polish passport on January 13, 2000. This was prior to Applicant’s naturalization as a U.S. citizen. He renewed his Polish passport on April 30, 2010.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.c	Applicant traveled to Poland in 2002 and 2003, after becoming a U.S. citizen. He brought both his Polish and his U.S. passports on the trips.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.d	specific text not stated in this decision	Unknown	Unspecified Foreign Preference	Denied	—	—	—
1.e	When Department Counsel explained to Applicant that by surrendering his Polish passport, he was not renouncing his Polish citizenship, he decided to surrender his Polish passport the next day to his security officer.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant was born and raised in Poland and he was a Polish citizen. He came to the United States in 1992 and became a naturalized U.S. citizen in 2000. Applicant explained that he has maintained a dual citizenship for family reasons.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

1.b

Applicant applied for, and was issued, a Polish passport on January 13, 2000. This was prior to Applicant’s naturalization as a U.S. citizen. He renewed his Polish passport on April 30, 2010.

For Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

1.c

Applicant traveled to Poland in 2002 and 2003, after becoming a U.S. citizen. He brought both his Polish and his U.S. passports on the trips.

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.d

specific text not stated in this decision

Unknown

Unspecified Foreign Preference

Denied

—

1.e

When Department Counsel explained to Applicant that by surrendering his Polish passport, he was not renouncing his Polish citizenship, he decided to surrender his Polish passport the next day to his security officer.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION