ISCR Case 12-11697.h1

Case Headnote

ISCR Case No. 12-11697.h1

grantedFeb 9, 2016· Hon. Philip S. Howe· hearing

Summary

A 53-year-old naturalized U.S. citizen, originally from Colombia, was granted a security clearance despite initial concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons highlighted several issues, including the applicant's weekly telephone contact with family in Colombia, including his wife's parents, which raised potential risks of foreign exploitation or a conflict of interest. Additionally, his wife is a dual U.S. and Colombian citizen whose parents reside in Colombia, further contributing to foreign influence concerns.

Regarding foreign preference, the applicant had obtained a Colombian passport in January 2011, using it for travel to Colombia that year, and voted in a Colombian presidential election in 2010. These actions were cited as indicative of seeking recognition of foreign citizenship while holding U.S. citizenship.

However, the applicant successfully mitigated these concerns. He formally renounced his Colombian citizenship in December 2012, demonstrating a clear commitment to the United States. The judge determined that his familial connections in Colombia were unlikely to create a conflict of interest, given their lack of employment in sensitive fields and the geographical distance. Ultimately, the applicant's strong ties and established life in the U.S. were key factors in mitigating the foreign preference concerns, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant renounced his Colombian citizenship in December 2012, demonstrating a commitment to the U.S.
The applicant's familial connections in Colombia were deemed unlikely to create a conflict of interest due to their lack of employment and the distance of the relationships.
The applicant's actions indicating foreign preference were mitigated by his strong ties and established life in the U.S.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
AG ¶ 10(a)raisedExercise of Foreign Citizenship Rights
AG ¶ 10(b)raisedAction to Obtain Recognition of Foreign Citizenship

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 11(a)appliedDual Citizenship Based on Birth
AG ¶ 11(b)appliedWillingness to Renounce Dual Citizenship
AG ¶ 11(e)appliedSurrender of Foreign Passport

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJun 5, 2015
Answer filedJun 25, 2015Applicant requested decision on written record.
Hearing held—No hearing; case decided on written record.
Decision dateFeb 9, 2016

Cite For

Mitigation of Foreign Influence Concerns Due to Strong U.S. Ties
Renunciation of Foreign Citizenship as a Mitigating Factor
Evaluation of Foreign Preference Actions in Light of Changed Circumstances

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
1.a	Applicant has constant contact with his family and his wife’s parents, all of whom live in Colombia. The contact is weekly by telephone. This contact and familial connection create the heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	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 (d) counterintelligence information indicating unacceptable risk	(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 Claimed Other
1.b	The same contact with these relatives creates a potential conflict of interest between Applicant’s obligation to protect sensitive information or technology and Applicant’s desire to help a foreign person by providing that information.	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 (d) counterintelligence information indicating unacceptable risk	(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 Claimed Other
1.c	Applicant is married to a woman who is a dual Colombian and U.S. citizen. Her parents live in Colombia. They live together and that could create a heightened risk of foreign inducement, manipulation, pressure, or coercion.	For Applicant	Spouse Dual or Foreign Citizen 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 (d) counterintelligence information indicating unacceptable risk	(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 Claimed Other
1.d–1.e	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has constant contact with his family and his wife’s parents, all of whom live in Colombia. The contact is weekly by telephone. This contact and familial connection create the heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

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

(d) counterintelligence information indicating unacceptable risk

(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

Claimed

Other

1.b

The same contact with these relatives creates a potential conflict of interest between Applicant’s obligation to protect sensitive information or technology and Applicant’s desire to help a foreign person by providing that information.

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

(d) counterintelligence information indicating unacceptable risk

(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

Claimed

Other

1.c

Applicant is married to a woman who is a dual Colombian and U.S. citizen. Her parents live in Colombia. They live together and that could create a heightened risk of foreign inducement, manipulation, pressure, or coercion.

For Applicant

Spouse Dual or Foreign Citizen

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

(d) counterintelligence information indicating unacceptable risk

(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

Claimed

Other

1.d–1.e

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

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant possessed a Colombian passport that he applied to receive in January 2011. He used it to travel from the United States to Colombia in 2011. Applicant also voted in a 2010 Colombian presidential election.	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	Claimed Other
2.b	Applicant’s actions in obtaining a Colombian passport and voting in the Colombian presidential election is the type of action a person takes to obtain recognition of a foreign citizenship while holding U.S. citizenship.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(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	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant possessed a Colombian passport that he applied to receive in January 2011. He used it to travel from the United States to Colombia in 2011. Applicant also voted in a 2010 Colombian presidential election.

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

Claimed

Other

2.b

Applicant’s actions in obtaining a Colombian passport and voting in the Colombian presidential election is the type of action a person takes to obtain recognition of a foreign citizenship while holding U.S. citizenship.

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(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

Claimed

Other

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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