Summary
The applicant, a 52-year-old defense contractor and naturalized U.S. citizen originally from the UK, faced concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to family ties in the UK and his prior UK citizenship. The judge found that the applicant's family members were not agents of the UK government and that the applicant had taken significant steps to renounce his UK citizenship, indicating a clear preference for the United States. Consequently, the applicant was granted security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's mother, brother, daughter, and son-in-law are citizens and residents of the UK (1.a). Applicant has a monthly pension from the UK as a result of his service in the Royal Air Force (1.b). Applicant has two friends from his days in the Royal Air Force with whom he maintains contact by e-mail (1.c). Applicant's wife has siblings who are citizens and residents of Singapore (1.d). The exercise of dual citizenship (1.a). Possession and/or use of a foreign passport (1.b). Military service for a foreign country (1.c). Accepting retirement benefits from a foreign country (1.d).
The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1, E2.A3.1.2.1, E2.A3.1.2.2, E2.A3.1.2.4. The judge applied mitigating conditions E2.A2.1.3.1, E2.A2.1.3.3, E2.A2.1.3.5, E2.A3.1.3.1, E2.A3.1.3.2, E2.A3.1.3.4. The decision turned on the following: Applicant's immediate family members in the UK are not agents of the UK government and are unlikely to exert pressure on him; Applicant has taken active steps to renounce his UK citizenship, demonstrating a preference for the United States; The applicant's conduct since moving to the U.S. indicates loyalty and reliability.
Why the Applicant Prevailed
- Applicant's immediate family members in the UK are not agents of the UK government and are unlikely to exert pressure on him.
- Applicant has taken active steps to renounce his UK citizenship, demonstrating a preference for the United States.
- The applicant's conduct since moving to the U.S. indicates loyalty and reliability.
Conditions Referenced
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen or Resident of a Foreign Country.
- E2.A3.1.2.1raisedExercise of Dual Citizenship.
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport.
- E2.A3.1.2.4raisedAccepting Retirement Benefits From a Foreign Country.
- E2.A2.1.3.1appliedImmediate Family Member Is Not an Agent of the Foreign Power.
- E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
- E2.A2.1.3.5appliedForeign Financial Interests Are Minimal.
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Birth in a Foreign Country.
- E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining United States Citizenship.
- E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
Key Rule Quoted
“"It is highly unlikely that the UK, a democracy that is a strong ally of the United States, would risk threatening its relationship with the United States by exploiting its private citizens for the purpose of forcing a United States citizen to betray the United States."”
Procedural Posture
- SOR issuedApr 17, 2003
- Answer filedJun 1, 2003
- Hearing heldAug 27, 2003
- Decision dateDec 10, 2003
Cite For
- Mitigating Factors for Foreign Influence Due to Family Ties
- Indications of Loyalty to the United States Despite Foreign Citizenship
- Steps Taken to Renounce Foreign Citizenship as a Mitigating Factor