ISCR Case 01-16533.h1

Case Headnote

ISCR Case No. 01-16533.h1

grantedOct 29, 2002· Hon. Richard A. Cefola· hearing

Summary

A 43-year-old naturalized U.S. citizen with a master's degree sought a security clearance, which was ultimately granted. The case involved concerns under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct).

The Applicant became a U.S. citizen in 1989, at which time she renounced her Country A citizenship. She later renewed her Country A passport in 1992 and 1997 to facilitate her husband's medical care for a rare cancer prevalent in Country A, which required specialized detection. This allowed the family to reside in Country A for approximately 63 months between 1992 and 1999. During this period, she worked for a private aerospace firm for three months in 1993 and acquired two properties valued at about $150,000, on which she pays $800 annually in property taxes. She has been attempting to sell these properties due to a depressed real estate market.

To address security concerns, the Applicant again renounced her Country A citizenship and surrendered her Country A passport. Her husband also renounced his Country A citizenship and returned his passport. Her half-sister resides in the U.S. and is in the process of becoming a U.S. citizen, while her mother-in-law, a housewife in Country A, was not deemed susceptible to exploitation. The judge found no foreign influence or preference that would jeopardize national security, leading to the clearance being granted.

Why the Applicant Prevailed

The Applicant renounced her foreign citizenship and surrendered her foreign passport.
Her husband also renounced his foreign citizenship, reducing foreign influence concerns.
The Applicant's immediate family members are either U.S. citizens or in the process of becoming U.S. citizens.

Conditions Referenced

Disqualifying

C1raisedThe Exercise of Dual Citizenship
C2raisedPossession And/or Use of a Foreign Passport
B1raisedAn Immediate Family Member Is a Citizen of a Foreign Country

Mitigating

C4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
B1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power
E3appliedThe Individual Has Provided Truthful Information

Key Rule Quoted

“An individual who demonstrates a foreign preference, or who is subject to a foreign influence, may be prone to provide information or make decisions that are harmful to the interests of the United States.”

Procedural Posture

SOR issuedMay 20, 2002
Answer filedJun 12, 2002
Hearing heldSep 30, 2002
Decision dateOct 29, 2002

Cite For

Mitigating Conditions Under Guideline C Regarding Renunciation of Foreign Citizenship
Mitigating Conditions Under Guideline B Concerning Family Members' Citizenship Status
Truthfulness in Responses on Security Clearance Applications Under Guideline E.

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	The Applicant's husband has recently renounced his Country A citizenship and has returned his Country A passport to that country's representative in the U.S.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Country A	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Foreign Assets Divested
2.b	Her father is dead, and her mother abandoned the Applicant when she was 10 years old.	For Applicant	Unspecified Foreign Relationship Immediate Family	—	Denied	—	—	—
2.c	Her half-sister resides in the U.S. and is in the process of becoming a U.S. citizen.	For Applicant	Sibling in Foreign Country Immediate Family	—	Denied	—	—	—
2.d	Her mother-in-law is a housewife, resides in Country A, and is not in a position to be exploited by that country's government.	For Applicant	In Law in Foreign Country Immediate Family	Country A	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant's husband has recently renounced his Country A citizenship and has returned his Country A passport to that country's representative in the U.S.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Country A

Denied

—

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

Documented

Foreign Assets Divested

2.b

Her father is dead, and her mother abandoned the Applicant when she was 10 years old.

For Applicant

Unspecified Foreign Relationship

Immediate Family

—

Denied

—

2.c

Her half-sister resides in the U.S. and is in the process of becoming a U.S. citizen.

For Applicant

Sibling in Foreign Country

Immediate Family

—

Denied

—

2.d

Her mother-in-law is a housewife, resides in Country A, and is not in a position to be exploited by that country's government.

For Applicant

In Law in Foreign Country

Immediate Family

Country A

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant became a naturalized U.S. citizen in 1989. When she became a U.S. citizen, under the laws of her native country, Country A, she renounced her Country A citizenship.	For Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.b	She was never asked to surrender her Country A passport. To avoid any confusion, however, she has again renounced her Country A citizenship and has returned her Country A passport to that country's representative in the U.S.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests	—
1.c	The Applicant's husband and his family are susceptible to a rare form of cancer that is prevalent in Country A. Early detection of this cancer is essential to survival, and Country A physicians are practiced in its detection.	For Applicant	Unspecified Foreign Preference	Admitted	—	—	—
1.d	Her husband did, in fact, contract this cancer in 1997, and with early detection, was cured. As a result of the cancer threat, the Applicant renewed her Country A passport in 1992 and again in 1997, which permitted her and her family to live in Country A for about 63 months, off and on, during the years 1992-1999.	For Applicant	Foreign Passport Possession or Use	Admitted	—	—	—
1.e	During her residence in Country A, she was employed by an aerospace firm for three months in 1993. This aerospace firm was a private company, and had no connection with the government of Country A.	For Applicant	Foreign Military or Government Service	Admitted	—	—	—
1.f	During her residence in Country A, she also acquired two pieces of property, with a combined value of about $150,000. She pays $800 in property taxes each year on the two properties, and has been trying to sell them, but the real-estate market in Country A is depressed.	For Applicant	Foreign Benefits or Education	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant became a naturalized U.S. citizen in 1989. When she became a U.S. citizen, under the laws of her native country, Country A, she renounced her Country A citizenship.

For Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

—

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

—

1.b

She was never asked to surrender her Country A passport. To avoid any confusion, however, she has again renounced her Country A citizenship and has returned her Country A passport to that country's representative in the U.S.

For Applicant

Foreign Passport Possession or Use

Admitted

—

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

—

1.c

The Applicant's husband and his family are susceptible to a rare form of cancer that is prevalent in Country A. Early detection of this cancer is essential to survival, and Country A physicians are practiced in its detection.

For Applicant

Unspecified Foreign Preference

Admitted

—

1.d

Her husband did, in fact, contract this cancer in 1997, and with early detection, was cured. As a result of the cancer threat, the Applicant renewed her Country A passport in 1992 and again in 1997, which permitted her and her family to live in Country A for about 63 months, off and on, during the years 1992-1999.

For Applicant

Foreign Passport Possession or Use

Admitted

—

1.e

During her residence in Country A, she was employed by an aerospace firm for three months in 1993. This aerospace firm was a private company, and had no connection with the government of Country A.

For Applicant

Foreign Military or Government Service

Admitted

—

1.f

During her residence in Country A, she also acquired two pieces of property, with a combined value of about $150,000. She pays $800 in property taxes each year on the two properties, and has been trying to sell them, but the real-estate market in Country A is depressed.

For Applicant

Foreign Benefits or Education

Admitted

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	The Applicant answered question 3 on her December 10, 1999, QNSP, truthfully and to the best of her knowledge and belief.	For Applicant	Lack of Candor in Interview	—	Admitted	—	—	Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

The Applicant answered question 3 on her December 10, 1999, QNSP, truthfully and to the best of her knowledge and belief.

For Applicant

Lack of Candor in Interview

—

Admitted

—

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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES