Summary
A 53-year-old naturalized U.S. citizen, originally from Argentina, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The concerns stemmed from his dual citizenship and use of a foreign passport.
To mitigate these issues, the applicant voluntarily renounced his foreign citizenship and relinquished his foreign passport in August 2001, demonstrating a clear preference for the U.S. and a commitment to comply with Department of Defense policies. The judge also considered the applicant's family ties in Argentina. His 84-year-old mother, a Polish-born immigrant, resides in Argentina and receives $500 monthly support from the applicant. His wife's half-brother in Argentina receives $300 monthly for school support, which will continue for two more years. Neither family member has government connections, and there have been no attempts to use them to influence the applicant. Additionally, his wife's mother, an Argentine citizen, moved to the U.S. in September 2001, received a U.S. residence card, and intends to become a U.S. citizen.
The judge concluded that the applicant's family ties did not pose a significant risk of foreign influence, and his actions demonstrated a clear preference for the United States. Consequently, the security clearance was GRANTED.
Why the applicant prevailed
- The applicant voluntarily renounced his foreign citizenship and relinquished his foreign passport after learning of security concerns.
- His family members in Argentina have no ties to the government and are not in a position to exert influence over him.
- The applicant demonstrated a clear preference for the United States through his actions and compliance with DoD policy.
Conditions referenced
- C1raisedExercise of Dual Citizenship
- C2raisedPossession And/or Use of a Foreign Passport
- C1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
- C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- B1appliedImmediate Family Members Are Not Agents of a Foreign Power
Key rule quoted
“Security clearance decisions are predictive judgments about an applicant's security eligibility in light of the applicant's past conduct and present circumstances.”
Procedural posture
- SOR issuedJul 5, 2001
- Answer filedJul 31, 2001
- Hearing heldOct 9, 2001
- Decision dateDec 14, 2001
Cite for
- Mitigation of Foreign Preference Through Voluntary Renunciation of Citizenship
- Assessment of Foreign Influence Based on Family Ties Without Government Connections
- Criteria for Evaluating Dual Citizenship in Security Clearance Cases