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
- 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
- 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