Summary
A 59-year-old naturalized U.S. citizen was denied a position of trust under Guideline C (Foreign Preference) due to concerns about his allegiance to the United States. The Statement of Reasons detailed that the applicant, who became a U.S. citizen in 2000, renewed his Brazilian passport in June 2011 and subsequently used it for travel to and from Brazil. At the time the Statement of Reasons was issued, he still possessed a valid Brazilian passport.
Disqualifying conditions included the applicant's continued possession and use of a foreign passport, and his exercise of the rights and privileges of foreign citizenship. While the applicant eventually relinquished his Brazilian passport, this action was not considered sufficient to mitigate the concerns.
The denial was based on the applicant's continued possession and use of the Brazilian passport, which indicated a preference for foreign citizenship. Although he expressed a willingness to renounce his Brazilian citizenship, he ultimately chose not to, citing the need to manage financial interests in Brazil. This decision, coupled with the insufficient mitigation from relinquishing the passport, led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant continued to possess and use a Brazilian passport, indicating a preference for foreign citizenship over U.S. citizenship.
- The applicant expressed a willingness to renounce his Brazilian citizenship but ultimately decided against it due to the need to manage his financial interests in Brazil.
- The applicant's relinquishment of his Brazilian passport was deemed insufficient to mitigate trustworthiness concerns.
Conditions Referenced
- AG ¶ 10(1)raisedPossession of a Current Foreign Passport
- AG ¶ 10(5)raisedUsing Foreign Citizenship to Protect Financial or Business Interests in Another Country
- AG ¶ 11(b)rejectedThe Individual Has Expressed a Willingness to Renounce Dual CitizenshipThe applicant's willingness to renounce was not genuine as he needs Brazilian citizenship to manage his interests.
- AG ¶ 11(e)rejectedThe Passport Has Been Destroyed, Surrendered to the Cognizant Security Authority, or Otherwise InvalidatedThe relinquishment of the passport was viewed as a hollow gesture.
Key Rule Quoted
“When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States.”
Procedural Posture
- SOR issuedFeb 3, 2015
- Answer filed—
- Hearing heldMay 28, 2015
- Decision dateAug 28, 2015
Cite For
- Trustworthiness Concerns Related to Foreign Preference Under Guideline C
- Impact of Dual Citizenship on Eligibility for a Position of Trust
- Insufficient Mitigation of Trustworthiness Concerns Despite Relinquishment of Foreign Passport