ISCR Case 01-22243.h1

Case Headnote

ISCR Case No. 01-22243.h1

grantedSep 11, 2002· Hon. Wilford H. Ross· hearing

Summary

A 56-year-old naturalized U.S. citizen and defense contractor, originally from the United Kingdom, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons noted that the applicant had possessed a British passport after becoming a U.S. citizen, and that his mother and two sons were British citizens, though all three are permanent U.S. residents. Additionally, the applicant was eligible for a small British pension at retirement, with no other significant overseas financial interests.

Disqualifying conditions C2 and B1 were raised, but mitigating conditions C1, C4, B1, and B5 were applied. The applicant demonstrated a willingness to revoke his British citizenship and surrendered his British passport. His wife is a naturalized American citizen, and his mother and two sons, all permanent U.S. residents, provided notarized statements confirming their intent to remain in the United States.

The judge determined that the applicant's foreign connections did not pose a security risk. His immediate family members reside in the U.S. with no intention of returning to the U.K., and his overseas financial interests were deemed minimal. Consequently, the security clearance was granted.

Why the Applicant Prevailed

The applicant surrendered his British passport and expressed willingness to revoke his British citizenship.
His immediate family members are all U.S. citizens or permanent residents with no intention of returning to the U.K.
The applicant's financial interests overseas are minimal and not sufficient to affect his security responsibilities.

Conditions Referenced

Disqualifying

C2raisedPossession And/or Use of a Foreign Passport
B1raisedAn 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

Mitigating

C1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth 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

“Any determination under this order...shall be a determination in terms of the national interest and shall in no sense be a determination as to the loyalty of the applicant concerned.”

Procedural Posture

SOR issuedJan 7, 2002
Answer filedJan 28, 2002
Hearing heldApr 19, 2002
Decision dateSep 11, 2002

Cite For

Mitigating Factors for Foreign Preference Under Guideline C
Mitigating Factors for Foreign Influence Under Guideline B
Considerations for Surrendering Foreign Passports in Security Clearance Cases

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 wife is a naturalized American citizen, like the Applicant. The Applicant's mother and his two sons are British citizens. However, all three of them are permanent residents of the United States. The three of them filed notarized statements stating that they are currently living in the United States and have no intention of returning to the United Kingdom.	For Applicant	Parent in Foreign Country Immediate Family	United Kingdom	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	—
2.b	At the age of retirement, the Applicant may be eligible for a small pension similar to our Social Security. The Applicant has no other monetary interests overseas.	For Applicant	Foreign Employment or Pension Financial or Property Interest	United Kingdom	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (e) promptly complied with reporting requirements	—
2.c	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The Applicant's wife is a naturalized American citizen, like the Applicant. The Applicant's mother and his two sons are British citizens. However, all three of them are permanent residents of the United States. The three of them filed notarized statements stating that they are currently living in the United States and have no intention of returning to the United Kingdom.

For Applicant

Parent in Foreign Country

Immediate Family

United Kingdom

Denied

—

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

(e) promptly complied with reporting requirements

—

2.b

At the age of retirement, the Applicant may be eligible for a small pension similar to our Social Security. The Applicant has no other monetary interests overseas.

For Applicant

Foreign Employment or Pension

Financial or Property Interest

United Kingdom

Denied

—

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

(e) promptly complied with reporting requirements

—

2.c

specific text not stated in this decision

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant has acted in such a way as to show a preference for another country over the United States.	For Applicant	Foreign Passport Possession or Use	Admitted	—	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—
1.b	The Applicant possessed a British passport after he became an American citizen.	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.	(a) the foreign citizenship is not in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant has acted in such a way as to show a preference for another country over the United States.

For Applicant

Foreign Passport Possession or Use

Admitted

—

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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

1.b

The Applicant possessed a British passport after he became an American citizen.

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.

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

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

—

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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