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Summary

The Applicant, a 50-year-old naturalized U.S. citizen with a Ph.D., sought a security clearance after renouncing his foreign citizenship and surrendering his foreign passport. His immediate family members reside in the U.S., and there was no evidence of foreign influence or connections to the government of his country of birth. The clearance was granted based on the Applicant's actions to mitigate concerns regarding foreign preference and influence.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant's wife, mother, daughter and two of his three siblings are citizens of and reside in the U.S (2.a). His American brother is a Professor at an American college, and his American sister owns an American business (2.b). The Applicant's third sibling is a self-employed engineer, who is a citizen of and resides in the country of Applicant's birth (2.c). He only contacts this foreign national sibling once or twice a year by telephone during the holidays, such as Christmas and New Years (2.d). His in-laws are also citizens of and reside in the country of Applicant's birth (2.e). There is no evidence that any of his foreign relations are connected with that country's government, or are in a position to be exploited by that government (2.f). The Applicant became a naturalized U.S. citizen in July of 1999 (1.a). Prior to emigrating to the U.S., he served in the Army of the country of his birth as a result of its "mandatory service" requirements (1.b). Although the Applicant held a foreign passport, he did not use it after becoming a U.S. citizen (1.c). The Applicant has renounced his foreign citizenship, and has surrendered his foreign passport to that country's representative (2.a). He served in the Army of the country of his birth prior to emigrating to the U.S (2.b). He only contacts this foreign national sibling "once or twice a year by telephone" during the "holidays, such as Christmas and New Years." (2.c). There is no evidence that any of his foreign relations are connected with that country's government, or are in a position to be exploited by that government (2.d). His wife, mother, daughter and two of his three siblings are citizens of and reside in the U.S (2.e). His third sibling and in-laws are citizens of and reside in the country of Applicant's birth (2.f).

The judge granted the clearance. The government raised disqualifying conditions C2, C3, B1. The judge applied mitigating conditions C2, C4, B1. The decision turned on the following: The Applicant renounced his foreign citizenship and surrendered his foreign passport; Most of the Applicant's immediate family are U.S. citizens and reside in the U.S; There was no evidence that the Applicant's foreign relatives were connected to the foreign government.

Why the Applicant Prevailed

• The Applicant renounced his foreign citizenship and surrendered his foreign passport.
• Most of the Applicant's immediate family are U.S. citizens and reside in the U.S.
• There was no evidence that the Applicant's foreign relatives were connected to the foreign government.

Conditions Referenced

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 21, 2002
• Answer filedJun 6, 2002
• Hearing heldN/ADetermined on a written record.
• Decision dateSep 24, 2002

Cite For

• Mitigation of Foreign Preference Under Guideline C
• Mitigation of Foreign Influence Under Guideline B
• Impact of Renouncing Foreign Citizenship on Security Clearance Eligibility