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Summary

The Applicant, a 55-year-old naturalized U.S. citizen with a master's degree in Engineering, sought a security clearance despite concerns regarding foreign preference and influence due to his Egyptian heritage. He successfully demonstrated his renunciation of foreign citizenship and the lack of foreign government connections among his family members, leading to the granting of his security clearance.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant's mother is deceased. One of his brothers is an American dual national, and is a pilot for an airline headquartered in Egypt. His other brother served in the Egyptian Navy more than 25 years ago, and is now retired from a civilian career in Egypt. His sister is a housewife who also resides in Egypt. The Applicant also has three half siblings. One half brother, like his brother, served in the Egyptian Navy more than 25 years ago, and is also retired from a civilian career in Egypt. His other half brother is a civil engineer and lives in Saudi Arabia. Finally, his half sister is an American dual national and resides in the United States. None of the Applicant's siblings or half siblings have any connection with any foreign government, nor are they in a position to be exploited by any foreign government (2.a). The Applicant became a naturalized U.S. citizen in June of 1985. Since becoming a U.S. citizen, he has traveled to the country of his birth, Egypt, on at least 20 occasions from August of 1993 to December of 1999. Each time the Applicant sought entry into Egypt, he tendered his U.S. passport to the immigration officer. When asked if he were born in Egypt, he would also tender his Egyptian passport. Each time the Applicant entered and exited Egypt, his U.S. passport was stamped noting that entrance and exit, except for his sixth trip to Egypt in November of 1997, when the immigration officer mistakenly stamped his Egyptian passport instead of the tendered U.S. passport (1.a). More than four months ago, in September of 2002, the Applicant surrendered his Egyptian passport to the Egyptian Consulate. In a sworn statement executed by the Applicant in December of 2000, he expressed a willingness to renounce his Egyptian citizenship. At his hearing, he reiterated this averment. He has, in fact, renounced his Egyptian citizenship (1.b). The Applicant has done everything possible to renounce his foreign citizenship, and surrender his foreign passport (1.c).

The judge granted the clearance. The government raised disqualifying conditions C1, C2, B1. The judge applied mitigating conditions C4, B1. The decision turned on the following: The Applicant renounced his Egyptian citizenship and surrendered his Egyptian passport; He consistently used his U.S. passport when traveling to Egypt and only presented his Egyptian passport to indicate his birthplace; None of the Applicant's siblings or half-siblings have connections with any foreign government or are in a position to be exploited.

Why the Applicant Prevailed

• The Applicant renounced his Egyptian citizenship and surrendered his Egyptian passport.
• He consistently used his U.S. passport when traveling to Egypt and only presented his Egyptian passport to indicate his birthplace.
• None of the Applicant's siblings or half-siblings have connections with any foreign government or are in a position to be exploited.

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 issuedAug 8, 2002
• Answer filedSep 6, 2002
• Hearing heldDec 27, 2002
• Decision dateFeb 12, 2003

Cite For

• Demonstrating Renunciation of Foreign Citizenship Under Guideline C
• Absence of Foreign Influence From Family Members Under Guideline B
• Use of U.S. Passport in Foreign Travel as a Mitigating Factor