Summary
A 34-year-old naturalized U.S. citizen, originally from Morocco and working as a hardware design engineer, was denied a security clearance. The denial was based on concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference).
The Statement of Reasons cited several factors. The applicant maintained dual citizenship with Morocco and the United States and possessed a valid Moroccan passport, which had not been surrendered. Additionally, the applicant had close family ties to Morocco, including a mother, two sisters, and a younger brother who are Moroccan citizens residing in Morocco. The applicant's spouse is also a Moroccan citizen residing in the United States. The applicant regularly sent approximately $5,000.00 per year to his mother and younger brother in Morocco.
The judge determined that the applicant's dual citizenship, possession of a foreign passport, and strong family connections in Morocco created a potential for foreign influence and indicated a preference for Morocco over the United States. Despite some mitigating conditions being applied, the security clearance was ultimately denied.
Why the Applicant Was Denied
- The applicant maintained dual citizenship with Morocco and the United States without formally renouncing his Moroccan citizenship.
- The applicant possessed a valid Moroccan passport and had not surrendered it to U.S. authorities, raising foreign preference concerns.
- The applicant's close family ties to Moroccan citizens, including his spouse and siblings, posed a risk of foreign influence.
Conditions Referenced
- E2.A3.1.2.1raisedDual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A2.1.2.1raisedImmediate Family Members Are Foreign Citizens
- E2.A2.1.2.2raisedSharing Living Quarters with a Foreign National
- E2.A3.1.3.1rejectedDual Citizenship Based on Parents' Citizenship or Birth in a Foreign CountryThe applicant's dual citizenship was not mitigated by the circumstances of his birth.
- E2.A2.1.3.5rejectedMinimal Foreign Financial InterestsThe applicant's financial ties to family in Morocco were significant enough to raise concerns.
Key Rule Quoted
“A decision to grant or continue an applicant's clearance may be made only upon an affirmative finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedApr 25, 2001
- Answer filedJun 2, 2001Applicant requested a decision based on the record.
- Hearing heldDec 13, 2001Hearing was held after a postponement.
- Decision dateFeb 6, 2002
Cite For
- Foreign Preference Concerns Due to Dual Citizenship Under Guideline C
- Foreign Influence Concerns Due to Family Ties in Morocco Under Guideline B
- Impact of Possession of a Foreign Passport on Security Clearance Eligibility