Summary
The applicant, a 24-year-old defense contractor with dual Polish and U.S. citizenship, faced security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference) due to his use of a Polish passport and voting in Polish elections. The judge found that the applicant did not mitigate the grave security concerns, leading to a denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: 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 (2.a). Sharing living quarters with a person or persons, regardless of their citizenship status, if the potential for adverse foreign influence or duress exists (2.b). Contacts with citizens of other countries or financial interests in other countries are also relevant to security determinations if they make an individual potentially vulnerable to coercion, exploitation, or pressure (2.c). The exercise of dual citizenship (1.a). Possession and/or use of a foreign passport (1.b). Voting in foreign elections (1.c).
The judge denied the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A3.1.2.2, E2.A3.1.2.8, E2.A2.1.2.1, E2.A2.1.2.2. The judge applied mitigating conditions E2.A3.1.3.1, E2.A3.1.3.4, E2.A2.1.3.1. The decision turned on the following: The applicant exercised dual citizenship by voting in a Polish election after becoming a U.S. citizen; The applicant used a Polish passport, indicating a preference for a foreign country over the United States; The applicant failed to take action to renounce his Polish citizenship or surrender his Polish passport.
Why the Applicant Was Denied
- The applicant exercised dual citizenship by voting in a Polish election after becoming a U.S. citizen.
- The applicant used a Polish passport, indicating a preference for a foreign country over the United States.
- The applicant failed to take action to renounce his Polish citizenship or surrender his Polish passport.
Conditions Referenced
- E2.A3.1.2.1raisedDual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A3.1.2.8raisedVoting in Foreign Elections
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country
- E2.A2.1.2.2raisedSharing Living Quarters with a Person Present in a Foreign Country
- E2.A3.1.3.1rejectedDual Citizenship Is Based Solely on the Parent's Citizenship or Birth in a Foreign CountryThe applicant is now an adult and can make his own decision about his citizenship.
- E2.A3.1.3.4rejectedIndividual Has Expressed a Willingness to Renounce Dual CitizenshipThe willingness to renounce is hollow absent the actions of renunciation.
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedMar 7, 2003
- Answer filedMar 18, 2003Applicant requested decision on written record.
- Hearing held—No hearing; decided on written record.
- Decision dateOct 10, 2003
Cite For
- Disqualifying Conditions Related to Dual Citizenship Under Guideline C
- Disqualifying Conditions Related to Foreign Influence Under Guideline B
- The Importance of Taking Action to Renounce Foreign Citizenship for Security Clearance Eligibility.