Summary
The Applicant, a 47-year-old defense contractor, sought a security clearance despite having acquired Irish citizenship and an Irish passport. She took significant steps to revoke her Irish citizenship and cancel her passport, which mitigated concerns under Guideline C regarding foreign preference. Additionally, her mother, a naturalized American citizen, alleviated concerns under Guideline B related to foreign connections. The clearance was granted based on these mitigating factors.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: The Applicant is ineligible for clearance because she has close family members who are not citizens of the United States or may be subject to duress (2.a). The Applicant applied for and received both Irish citizenship and an Irish passport in 1997 (1.a). The Applicant submitted her Irish passport to the Irish Consulate for cancellation, which was cancelled at her request and is no longer valid (1.b).
The judge granted the clearance. The government raised disqualifying conditions C1, B1. The judge applied mitigating conditions C1, C4, B1. The decision turned on the following: The Applicant took concrete steps to revoke her Irish citizenship and cancel her Irish passport; Her mother is a naturalized American citizen who has lived in the United States since 2001, mitigating foreign influence concerns.
Why the Applicant Prevailed
- The Applicant took concrete steps to revoke her Irish citizenship and cancel her Irish passport.
- Her mother is a naturalized American citizen who has lived in the United States since 2001, mitigating foreign influence concerns.
Conditions Referenced
- C1raisedForeign Preference - Exercise of Dual Citizenship
- B1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country
- C1appliedForeign Preference - Dual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
- C4appliedForeign Preference - Individual Has Expressed a Willingness to Renounce Dual Citizenship
- B1appliedForeign Influence - Immediate Family Member(s) Are Not Agents of a Foreign Power
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 issuedAug 8, 2002
- Answer filedAug 25, 2002Applicant requested decision without a hearing.
- Hearing held—
- Decision dateMar 31, 2003
Cite For
- Mitigation of Foreign Preference Through Renunciation of Citizenship
- Impact of Family Citizenship on Foreign Influence Concerns
- Steps Taken to Cancel Foreign Passport as a Mitigating Factor