Summary
A 41-year-old U.S. citizen, originally from Afghanistan, was denied a security clearance for his role as a linguist with a defense contractor. The denial was based on Guideline B (Foreign Influence) and Guideline C (Foreign Preference), with the judge ultimately citing unmitigated concerns under Guideline C.
The applicant had resided and worked in Canada since 2006, becoming a Canadian permanent resident in 2009 after applying in 2007, despite having become a U.S. citizen in 2002. He received medical benefits from Canada since 2006 and child tax benefits since 2007. His immediate family, including his wife, mother-in-law, and sister-in-law, are Canadian citizens and residents, and his daughter is a dual U.S. and Canadian citizen. His father-in-law is an Afghan citizen residing in Canada.
Despite some mitigating factors related to foreign influence, the judge determined that the applicant's permanent residency in Canada, receipt of Canadian government benefits, and expressed intent to seek Canadian citizenship demonstrated a preference for Canada over the U.S., indicating a divided loyalty. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant failed to mitigate security concerns under Guideline C for foreign preference.
- The applicant's permanent residency in Canada and receipt of benefits indicated a preference for a foreign country over the U.S.
- The applicant's expressed intent to seek Canadian citizenship demonstrated a divided loyalty.
Conditions Referenced
- AG ¶ 10(a)raisedExercise of Any Right, Privilege or Obligation of Foreign Citizenship After Becoming a U.S. Citizen
- AG ¶ 10(3)raisedAccepting Educational, Medical, Retirement, Social Welfare, or Other Such Benefits From a Foreign Country
- AG ¶ 10(4)raisedResidence in a Foreign Country to Meet Citizenship Requirements
- AG ¶ 11(a)rejectedDual Citizenship Is Based Solely on Parent’s Citizenship or Birth in a Foreign Country
- AG ¶ 11(b)rejectedThe Individual Has Expressed a Willingness to Renounce Dual Citizenship
- AG ¶ 11(c)rejectedExercise of the Rights, Privileges, or Obligation of Foreign Citizenship Occurred Before the Individual Became a U.S. Citizen or When the Individual Was a Minor
- AG ¶ 11(e)rejectedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise Invalidated
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 15, 2013
- Answer filedSep 30, 2013
- Hearing held—Applicant requested a decision on the written record.
- Decision dateMay 15, 2014
Cite For
- Denial of Security Clearance Due to Foreign Preference Under Guideline C
- Impact of Foreign Residency on Security Clearance Eligibility
- Consideration of Dual Citizenship and Foreign Benefits in Security Clearance Cases