ISCR Case 01-07082.h1

Case Headnote

ISCR Case No. 01-07082.h1

grantedMar 14, 2002· Hon. Paul J. Mason· hearing

Summary

The applicant, a dual citizen of Italy and the United States, faced allegations under Guideline B (foreign influence) and Guideline C (foreign preference) due to family ties and dual citizenship. The judge found that the applicant's military service and use of a foreign passport occurred before obtaining U.S. citizenship, and that family members were not agents of a foreign power. The applicant's willingness to renounce dual citizenship and his established ties to the U.S. led to the granting of his security clearance.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's wife is a dual citizen (2.a). Applicant's stepfather is a resident of FC 1 (2.b). Applicant's mother, parents-in-law, uncles, aunts, and 15 cousins are citizens of and residents of FC 1 (2.c). Applicant has three aunts, two uncles, and 15 cousins who are citizens and residents of FC 1 (2.d). The applicant has dual citizenship with Italy (FC 1) and the United States (US) (1.a). The applicant possesses and uses a foreign passport (1.b).

The judge granted the clearance. The government raised disqualifying conditions DC 1, DC 2, DC 3. The judge applied mitigating conditions MC 1, MC 2, MC 4, MC 3. The decision turned on the following: The applicant's military service and use of a foreign passport occurred before obtaining U.S. citizenship; The applicant's family members are not agents of a foreign power or in a position to exert undue influence; The applicant expressed a willingness to renounce his foreign citizenship.

Why the Applicant Prevailed

The applicant's military service and use of a foreign passport occurred before obtaining U.S. citizenship.
The applicant's family members are not agents of a foreign power or in a position to exert undue influence.
The applicant expressed a willingness to renounce his foreign citizenship.

Conditions Referenced

Disqualifying

DC 1raisedThe Exercise of Dual Citizenship
DC 2raisedPossession And/or Use of a Foreign Passport
DC 3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country

Mitigating

MC 1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
MC 2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining US Citizenship
MC 4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
MC 3notedContact and Correspondence with Foreign Citizens Are Casual and Infrequent

Key Rule Quoted

“The maintenance, as opposed to the exercise of dual citizenship, is not security disqualifying.”

Procedural Posture

SOR issuedSep 19, 2001
Answer filedOct 10, 2001
Hearing heldNov 26, 2001
Decision dateMar 14, 2002

Cite For

Foreign Preference Concerns Related to Dual Citizenship
Foreign Influence Considerations Regarding Family Ties
Willingness to Renounce Foreign Citizenship as a Mitigating Factor

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 a dual citizen.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	FC 1	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.b	Applicant's stepfather is a resident of FC 1.	For Applicant	Parent in Foreign Country Immediate Family	FC 1	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.c	Applicant's mother, parents-in-law, uncles, aunts, and 15 cousins are citizens of and residents of FC 1.	For Applicant	Extended Family in Foreign Country Extended Family	FC 1	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.d	Applicant has three aunts, two uncles, and 15 cousins who are citizens and residents of FC 1.	For Applicant	Extended Family in Foreign Country Extended Family	FC 1	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.e	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's wife is a dual citizen.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

FC 1

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.b

Applicant's stepfather is a resident of FC 1.

For Applicant

Parent in Foreign Country

Immediate Family

FC 1

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.c

Applicant's mother, parents-in-law, uncles, aunts, and 15 cousins are citizens of and residents of FC 1.

For Applicant

Extended Family in Foreign Country

Extended Family

FC 1

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.d

Applicant has three aunts, two uncles, and 15 cousins who are citizens and residents of FC 1.

For Applicant

Extended Family in Foreign Country

Extended Family

FC 1

Admitted

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.e

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The applicant has dual citizenship with Italy (FC 1) and the United States (US).	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.b	The applicant possesses and uses a foreign passport.	For Applicant	Foreign Passport Possession or Use	Denied	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The applicant has dual citizenship with Italy (FC 1) and the United States (US).

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

1.b

The applicant possesses and uses a foreign passport.

For Applicant

Foreign Passport Possession or Use

Denied

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

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

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

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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