Summary
The applicant, a 52-year-old defense contractor and naturalized U.S. citizen, faced concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his expired British passport and family ties in the UK. The judge found that the applicant's use of the expired passport was a one-time incident and that his family members were not in positions to be exploited, leading to a decision to grant the security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant has immediate family members or people to whom he may be bound by affection or obligation who are not citizens of the United States, or may be subject to duress (2.a). The Applicant has acted in such a way as to show a preference for another country over the United States (1.a). The Applicant has expressed a willingness to renounce dual citizenship (1.b). The Applicant possesses and/or uses a foreign passport (2.a).
The judge granted the clearance. The government raised disqualifying conditions C1, B1. The judge applied mitigating conditions C4, B1. The decision turned on the following: The applicant demonstrated a willingness to renounce his British citizenship; The use of the expired British passport was a one-time incident and not indicative of foreign preference; The applicant's family members in the UK are not in positions to be exploited by a foreign power.
Why the Applicant Prevailed
- The applicant demonstrated a willingness to renounce his British citizenship.
- The use of the expired British passport was a one-time incident and not indicative of foreign preference.
- The applicant's family members in the UK are not in positions to be exploited by a foreign power.
Conditions Referenced
- C1raisedPossession And/or Use of a Foreign Passport.
- B1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
- C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
- B1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
Key Rule Quoted
“Any determination under this order...shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned.”
Procedural Posture
- SOR issuedFeb 7, 2002
- Answer filedFeb 15, 2002Applicant requested decision without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateJun 24, 2003
Cite For
- Mitigation of Foreign Preference Concerns Due to a One-time Use of an Expired Passport
- Evaluation of Family Ties Under Guideline B with Respect to Foreign Influence
- Willingness to Renounce Foreign Citizenship as a Mitigating Factor