ISCR Case 12-03849.h1

Case Headnote

ISCR Case No. 12-03849.h1

grantedOct 10, 2012· Hon. Rita C. O'Brien· hearing

Summary

A 34-year-old naturalized U.S. citizen, originally from Colombia, sought a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). Concerns were raised because her parents are Colombian citizens and residents, potentially creating a risk of foreign exploitation or conflict of interest. Additionally, she possessed a valid Colombian passport when she applied for the clearance in 2010 and had used it after becoming a U.S. citizen.

To address these concerns, the applicant formally renounced her Colombian citizenship in August 2012 and surrendered her Colombian passport. She provided documentation of these actions. The judge considered that her parents have no connections to the Colombian government or military, which reduced the risk of foreign influence.

Furthermore, the applicant demonstrated substantial financial ties and a stable life in the U.S., indicating her loyalty. These mitigating factors, combined with her proactive steps to renounce foreign citizenship and surrender her passport, led the judge to conclude that the security concerns were sufficiently mitigated. The security clearance was GRANTED.

Why the Applicant Prevailed

Applicant formally renounced her Colombian citizenship and surrendered her Colombian passport upon realizing the security implications.
The applicant's parents have no connections to the Colombian government or military, reducing the risk of foreign influence.
The applicant has substantial financial ties and a stable life in the U.S., indicating her loyalty to the United States.

Conditions Referenced

Disqualifying

AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
AG ¶ 7(a)raisedContact with a Foreign Family Member
AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest

Mitigating

AG ¶ 11(a)appliedDual Citizenship Based Solely on Parents’ Citizenship or Birth in a Foreign Country
AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
AG ¶ 11(e)appliedPassport Has Been Surrendered or Invalidated
AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Is Unlikely to Create a Conflict of Interest
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong Ties in the U.S.

Key Rule Quoted

“A security clearance decision is intended only to resolve the question of whether it is clearly consistent with the national interest for an applicant to receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedMay 16, 2012
Answer filedJun 7, 2012Applicant admitted two allegations under Guideline C and one under Guideline B.
Hearing heldAug 29, 2012
Decision dateOct 10, 2012

Cite For

Mitigation of Foreign Preference Concerns Through Renunciation of Citizenship
Consideration of Family Ties in Foreign Influence Cases
Impact of Lack of Connections to Foreign Government on Security Clearance Decisions

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	Applicant’s parents are citizens and residents of Colombia. Her relationship with these immediate family members raises security concerns about a heightened risk of foreign exploitation or a possible conflict of interest.	For Applicant	Parent in Foreign Country Immediate Family	Colombia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Credited Deep U.S. Ties Credited Severed Foreign Contact

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant’s parents are citizens and residents of Colombia. Her relationship with these immediate family members raises security concerns about a heightened risk of foreign exploitation or a possible conflict of interest.

For Applicant

Parent in Foreign Country

Immediate Family

Colombia

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Credited

Deep U.S. Ties

Credited

Severed Foreign Contact

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	At the time Applicant applied for her security clearance in 2010, she possessed a valid foreign passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.b	Applicant's foreign citizenship results from her birth in Colombia. She not only expressed willingness to renounce her Colombian citizenship, but followed through by formally renouncing it in August 2012. She provided supporting documentation.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference	—
1.c	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

At the time Applicant applied for her security clearance in 2010, she possessed a valid foreign passport.

For Applicant

Foreign Passport Possession or Use

Admitted

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

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

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

—

1.b

Applicant's foreign citizenship results from her birth in Colombia. She not only expressed willingness to renounce her Colombian citizenship, but followed through by formally renouncing it in August 2012. She provided supporting documentation.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

—

1.c

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES