Summary
A 38-year-old U.S. citizen’s security clearance was granted despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons raised issues regarding her contact with foreign family members and connections to a foreign country, specifically Nigeria, which could create a heightened risk of foreign exploitation or a conflict of interest with her obligation to protect sensitive U.S. information. Disqualifying conditions AG ¶ 10(a), AG ¶ 7(a), AG ¶ 7(b), and AG ¶ 7(d) were initially cited.
However, the applicant successfully mitigated these concerns. She demonstrated her commitment to U.S. security interests by surrendering and destroying her Nigerian passport. She also credibly established that her familial connections in Nigeria would not create a conflict of interest with her U.S. obligations.
The decision to grant the clearance was based on the application of mitigating conditions AG ¶ 11(e), AG ¶ 8(a), and AG ¶ 8(b). The applicant’s strong ties to the United States, having lived there for most of her life, and her credible testimony ultimately led to the favorable outcome.
Why the Applicant Prevailed
- The applicant surrendered her Nigerian passport and had it destroyed, demonstrating a commitment to U.S. security interests.
- She established that her familial connections in Nigeria would not create a conflict of interest with her obligations to the U.S.
- The applicant has lived in the U.S. for the majority of her life and has deep ties to the country.
Conditions Referenced
- AG ¶ 10(a)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship
- AG ¶ 7(a)raisedContact with a Foreign Family Member
- AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
- AG ¶ 7(d)raisedSharing Living Quarters with a Foreign National
- AG ¶ 11(e)appliedPassport Has Been Destroyed or Surrendered
- AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
- AG ¶ 8(b)appliedMinimal Loyalty to Foreign Persons, Deep Ties to the U.S.
Key Rule Quoted
“An individual’s familial ties to a foreign country can raise the foreign influence concern. However, there is no per se rule against applicants who have such ties.”
Procedural Posture
- SOR issuedMar 26, 2013
- Answer filedApr 7, 2013Applicant requested expedited hearing.
- Hearing heldMay 31, 2013Hearing was expedited.
- Decision dateJun 12, 2013
Cite For
- Mitigation of Foreign Influence Concerns Due to Strong U.S. Ties
- Surrender of Foreign Passport as a Mitigating Factor
- Consideration of Familial Ties in Security Clearance Decisions