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ISCR Case 01-18647.h1 — CASE

Case record

ISCR Case 01-18647.h1

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date12/31/2002
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: John R. Erck
Applicant Representation: Pro Se
Case Summary
The judge found that the applicant's foreign influence concerns were mitigated due to her family's long-term residency in the United States and their lack of connections to the Dominican government. The applicant expressed a willingness to renounce her Dominican citizenship and intends to use her U.S. passport for future travel. Consequently, the judge ruled in favor of the applicant on all allegations under Guideline B.
Guidelines Evaluated
- Guideline BForeign Influence · Unknown Outcome
- Guideline CForeign Preference · Unknown Outcome
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 01-18647.h1

grantedDec 31, 2002· Hon. John R. Erck· hearing

Summary

A 25-year-old U.S. citizen, born in the Dominican Republic, was granted a security clearance despite initial concerns under Guidelines B (Foreign Influence) and C (Foreign Preference). The Statement of Reasons cited her dual citizenship, the possession and use of a foreign passport, and the presence of immediate family members in a foreign country. Specifically, the applicant had maintained an active Dominican Republic passport, renewing it regularly until 1998 for travel to visit family, though it had since expired.

Disqualifying conditions related to dual citizenship and foreign family ties were raised. However, the decision ultimately applied mitigating conditions, leading to a favorable outcome. The applicant's Dominican Republic passport was no longer valid for travel, and she expressed a clear willingness to renounce her Dominican citizenship.

Furthermore, the judge noted that most of the applicant's family members residing in the U.S. were long-term residents, reducing the likelihood of their exploitation. These factors collectively addressed the security concerns, resulting in the granting of her security clearance.

Why the Applicant Prevailed

Applicant's Dominican Republic passport has expired and is no longer valid for travel.
Applicant expressed willingness to renounce her Dominican Republic citizenship.
Most of Applicant's family members in the U.S. are long-term residents and unlikely to be exploited.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedExercise of Dual Citizenship
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country

Mitigating

E2.A3.1.3.4appliedWillingness to Renounce Dual Citizenship
E2.A2.1.3.1appliedFamily Members Are Not Agents of a Foreign Power

Key Rule Quoted

“When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States.”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedAug 20, 2002
Answer filedSep 6, 2002
Hearing held—Decision made without a hearing.
Decision dateDec 31, 2002

Cite For

Mitigation of Foreign Preference Concerns Due to Expired Passport
Consideration of Family Ties Under Guideline B
Willingness to Renounce Dual Citizenship as a Mitigating Factor

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The judge found that the applicant's foreign influence concerns were mitigated due to her family's long-term residency in the United States and their lack of connections to the Dominican government. The applicant expressed a willingness to renounce her Dominican citizenship and intends to use her U.S. passport for future travel. Consequently, the judge ruled in favor of the applicant on all allegations under Guideline B.

U.S. ties the decision noted: Naturalized U.S. Citizen · U.S. Spouse or Partner · U.S. Home or Property · U.S. Career or Business

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country.	For Applicant	Parent in Foreign Country Immediate Family	Dominican Republic	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.b	The applicant has maintained an active Dominican Republic passport, that she had renewed it regularly until 1998 so she could use it on her travels to the Dominican Republic to visit her family, that the passport had now expired, and Applicant was uncertain whether she would renew it on her next visit to the Dominican Republic.	For Applicant	Unspecified Foreign Relationship Other	Dominican Republic	Admitted	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.c	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline C (Foreign Preference) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The applicant, a naturalized U.S. citizen, previously held a Dominican Republic passport which has since expired. She expressed a willingness to renounce her Dominican Republic citizenship, mitigating concerns regarding her foreign preference. The judge found that the applicant's previous use of a foreign passport and her dual citizenship did not pose a security risk, leading to a favorable decision for her security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship.	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
2.b	Possession and/or use of a foreign passport.	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other

Descriptive standardized rendering of a decided public case (Guideline C). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.