Summary
A 63-year-old naturalized U.S. citizen, formerly a naturalized French citizen, was denied a security clearance under Guideline C (Foreign Preference). The Statement of Reasons alleged the applicant's dual citizenship with France and the United States, his use of a French passport for travel after becoming a U.S. citizen, and his renewal of that passport post-naturalization. Furthermore, the applicant expressed an intent to continue renewing his French passport and accepted benefits from France, including a pension.
Disqualifying conditions related to foreign preference were raised, while mitigating conditions concerning the surrender of a foreign passport and a willingness to renounce foreign citizenship were considered.
Despite the applicant surrendering his French passport, his foreign preference was not mitigated. This was primarily due to his long-standing use of the French passport, his expressed intent to renew it for travel and pension purposes, and his continued dual citizenship status. The applicant had been a naturalized French citizen for over twenty-five years before becoming a U.S. citizen and continued to use his French passport in preference to his U.S. passport even after naturalization. Consequently, the security clearance was denied.
Why the applicant was denied
- Applicant had been a naturalized French citizen for over twenty-five years before becoming a U.S. citizen.
- Applicant continued to use his French passport in preference to his U.S. passport even after naturalization.
- Applicant expressed an intent to continue renewing his French passport to facilitate travel and manage his French pension.
Conditions referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A3.1.2.4raisedAccepting Benefits From a Foreign Country
- E2.A3.1.3.2rejectedIndicators of Possible Foreign Preference Occurred Before Obtaining U.S. CitizenshipApplicant's foreign preference was demonstrated after obtaining U.S. citizenship.
- E2.A3.1.3.4rejectedWillingness to Renounce Dual CitizenshipApplicant's conditional willingness to renounce was given little weight due to his continued use of the French passport.
Key rule quoted
“The Government has a compelling interest in ensuring those entrusted with this Nation's secrets will make decisions free of concerns for the foreign country of which they may also be a citizen.”
Procedural posture
- SOR issuedFeb 11, 2002
- Answer filedMar 1, 2002
- Hearing heldJun 26, 2002
- Decision dateOct 24, 2002
Cite for
- Foreign Preference Considerations Under Guideline C
- Impact of Dual Citizenship on Security Clearance Eligibility
- Significance of Foreign Passport Use After U.S. Naturalization