Summary
The applicant, born in Yugoslavia and a naturalized U.S. citizen, faced security concerns under Guidelines B, C, and E due to his dual citizenship, possession of a foreign passport, and the foreign citizenship of his parents. The judge found that the applicant's actions were mitigated by his long-term residence in the U.S., the expiration of his Yugoslavian passport, and his parents' permanent resident status, ultimately granting the security clearance.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: The Yugoslavian citizenship of your parents raises a security concern (1.a). Your extended family members are citizens of Yugoslavia or Germany (1.b). You failed to acknowledge that you were a dual citizen on the SF 86 (1.c). The exercise of dual citizenship; (2.a). Possession and/or use of a foreign passport; (2.b). The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities (3.a).
The judge granted the clearance. The government raised disqualifying conditions E2.A2.1.2.1, E2.A3.1.2.1, E2.A5.1.2.2. The judge applied mitigating conditions E2.A2.1.3.1, E2.A3.1.3.1, E2.A5.1.3.1. The decision turned on the following: The applicant's Yugoslavian passport expired in July 2001 and he does not intend to renew it; His parents have permanent resident status in the U.S. and are not likely to be subject to duress; The applicant has lived in the U.S. since childhood and has no significant ties to Yugoslavia.
Why the Applicant Prevailed
- The applicant's Yugoslavian passport expired in July 2001 and he does not intend to renew it.
- His parents have permanent resident status in the U.S. and are not likely to be subject to duress.
- The applicant has lived in the U.S. since childhood and has no significant ties to Yugoslavia.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence
- E2.A3.1.2.1raisedForeign Preference
- E2.A5.1.2.2raisedPersonal Conduct
- E2.A2.1.3.1appliedForeign Influence
- E2.A3.1.3.1appliedForeign Preference
- E2.A5.1.3.1rejectedPersonal ConductThe applicant's answer on the SF 86 was not made with the intention of deliberately falsifying material information.
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.”
Procedural Posture
- SOR issuedFeb 19, 2002
- Answer filedMar 12, 2002Applicant requested a decision without a hearing.
- Hearing held—
- Decision dateJul 24, 2002
Cite For
- Mitigation of Foreign Influence Concerns Due to Family Residency Status
- Expiration of Foreign Passport as a Mitigating Factor
- Consideration of Applicant's Long-term U.S. Residence in Security Clearance Decisions.