ISCR Case 01-04426.h1

Case Headnote

ISCR Case No. 01-04426.h1

grantedAug 7, 2002· Hon. Barry M. Sax· hearing

Summary

A 49-year-old Senior Systems Engineer for a defense contractor sought to retain his security clearance, which was challenged under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons noted that the applicant was born in a foreign country (FC) and became a U.S. citizen in 1985. His wife is an FC-born legal U.S. resident pursuing citizenship, while six sisters and two brothers are FC citizens residing in FC. A third brother is a dual citizen residing in the U.S.

The applicant acquired an FC passport in 1997, 12 years after becoming a U.S. citizen, which he believed was necessary for identification when traveling in FC. This passport expired in 2002, was lost, and he did not seek a replacement. He consistently used his U.S. passport for all international travel. Under FC law, dual citizenship requires government permission, which was not on record for the applicant, suggesting an involuntary loss of FC citizenship upon acquiring U.S. citizenship.

The judge ultimately GRANTED the clearance. The decision highlighted the applicant's willingness to renounce any foreign citizenship, his minimal ties and infrequent communication with relatives in FC, and his demonstrated long-standing commitment to U.S. interests through his employment and residency. The judge concluded that the applicant's actions did not show a preference for FC over the U.S., and his family members were not in a position to influence him against U.S. interests.

Why the Applicant Prevailed

The applicant has expressed a willingness to renounce any foreign citizenship he may have.
He has minimal ties with relatives in FC and infrequent communication with them.
The applicant has demonstrated a long-standing commitment to U.S. interests through his employment and residency.

Conditions Referenced

Disqualifying

C1raisedDual Citizenship
B1raisedImmediate Family Member Is a Citizen of a Foreign Country
B8raisedSubstantial Financial Interest in a Foreign Country

Mitigating

C4appliedWillingness to Renounce Dual Citizenship
B1appliedFamily Members Are Not Agents of a Foreign Power
B5appliedMinimal Financial Interests in Foreign Countries

Key Rule Quoted

“"The underlying concern of both Guidelines is that the Applicant's conduct and/or relationships may show questionable judgment, unreliability, and/or untrustworthiness."”

Procedural Posture

SOR issuedOct 24, 2001
Answer filedDec 23, 2001
Hearing held—Decision based on written record without a hearing.
Decision dateAug 7, 2002

Cite For

Mitigation of Foreign Preference Under Guideline C
Assessment of Foreign Influence Under Guideline B
Consideration of Family Ties in Security Clearance Cases

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
2.a	Applicant's wife is FC born, but is presently a legal resident of the U.S. and is in the midst of the citizenship process.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	FC	Denied	—	—	—
2.b	Applicant's six sisters are citizens of FC, and three of them reside in FC;	For Applicant	Sibling in Foreign Country Immediate Family	FC	Denied	—	—	—
2.c	Two of Applicant's brothers are citizens of FC and reside there. A third brother is a dual citizen of FC and the United States and resides in the U.S.;	For Applicant	Sibling in Foreign Country Immediate Family	FC	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's wife is FC born, but is presently a legal resident of the U.S. and is in the midst of the citizenship process.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Denied

—

2.b

Applicant's six sisters are citizens of FC, and three of them reside in FC;

For Applicant

Sibling in Foreign Country

Immediate Family

Denied

—

2.c

Two of Applicant's brothers are citizens of FC and reside there. A third brother is a dual citizen of FC and the United States and resides in the U.S.;

For Applicant

Sibling in Foreign Country

Immediate Family

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Under FC law, dual citizenship is recognized, but permission must be granted by the government before the new citizenship is acquired. Dual citizenship is not recognized simply by default. There is nothing in the record indicating this occurred in the present case. Consequently, Applicant appears to have suffered the "involuntary loss" of his FC citizenship when he "voluntarily acquire[d U.S.] citizenship" in 1985.	For Applicant	Failure to Renounce or Surrender Foreign Status	Unknown	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	Applicant did acquire a FC passport in July 1997, 12 years after he became a U.S. citizen. The passport expired in July 2002, but was lost prior to that date and Applicant did not seek a replacement. He never signed the FC passport before it was lost. The totality of the evidence on this issue indicates that Applicant believed he was still a citizen of FC (or at least that FC authorities would so consider him) and that, under FC law, he had to possess some identification to prove this status, in order to move about FC. At the same time, Applicant used his U.S. passport to enter and leave FC, and for all other foreign travel.	For Applicant	Foreign Passport Possession or Use	Unknown	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.c	Applicant does not currently possess a FC passport, valid or not, and does not intend to obtain a new one.	For Applicant	Foreign Passport Possession or Use	Unknown	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Under FC law, dual citizenship is recognized, but permission must be granted by the government before the new citizenship is acquired. Dual citizenship is not recognized simply by default. There is nothing in the record indicating this occurred in the present case. Consequently, Applicant appears to have suffered the "involuntary loss" of his FC citizenship when he "voluntarily acquire[d U.S.] citizenship" in 1985.

For Applicant

Failure to Renounce or Surrender Foreign Status

Unknown

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

1.b

Applicant did acquire a FC passport in July 1997, 12 years after he became a U.S. citizen. The passport expired in July 2002, but was lost prior to that date and Applicant did not seek a replacement. He never signed the FC passport before it was lost. The totality of the evidence on this issue indicates that Applicant believed he was still a citizen of FC (or at least that FC authorities would so consider him) and that, under FC law, he had to possess some identification to prove this status, in order to move about FC. At the same time, Applicant used his U.S. passport to enter and leave FC, and for all other foreign travel.

For Applicant

Foreign Passport Possession or Use

Unknown

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

1.c

Applicant does not currently possess a FC passport, valid or not, and does not intend to obtain a new one.

For Applicant

Foreign Passport Possession or Use

Unknown

—

(a) the foreign citizenship is not in conflict with U.S. national security interests

—

Loading case…

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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES