Summary
A 62-year-old U.S. citizen, originally from Jamaica, was granted a security clearance after review under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant had applied for and received a Jamaican passport in June 1992, which was valid until June 2002. However, he had not used this passport since becoming a U.S. citizen in December 1995 and surrendered it to the Jamaican Embassy in July 2001. This action demonstrated a clear preference for the United States.
The applicant maintained contact with family members residing in Jamaica and Nicaragua. His stepfather and brother, both Jamaican citizens, live in Jamaica, with whom he communicates bimonthly and sends gifts. He has visited Jamaica three times since 1992, solely to see them, and maintains no regular contact with old friends there. His mother-in-law is a Nicaraguan citizen, and his father-in-law is a dual U.S./Nicaraguan citizen; both reside in Nicaragua and visit the U.S. every two years. His father-in-law, a retired Nicaraguan government agricultural economist, has no current government ties. The applicant visited Nicaragua once for his in-laws' 50th wedding anniversary.
The judge determined that the applicant's foreign contacts did not pose a security risk, and his surrender of the Jamaican passport confirmed his preference for the United States. Consequently, the security clearance was granted.
Why the Applicant Prevailed
- The applicant surrendered his Jamaican passport, demonstrating a preference for the United States.
- He has not used his Jamaican passport since becoming a U.S. citizen in 1995.
- The applicant's foreign contacts do not pose a risk of foreign influence.
Conditions Referenced
- C1raisedPossession And/or Use of a Foreign Passport
- B1raisedAn Immediate Family Member, or 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
- B5appliedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural Posture
- SOR issuedJul 12, 2001
- Answer filedAug 2, 2001
- Hearing heldMar 21, 2002
- Decision dateApr 29, 2002
Cite For
- Demonstrating Preference for the United States Under Guideline C
- Mitigating Foreign Influence Concerns Under Guideline B
- Surrendering a Foreign Passport as a Mitigating Factor