Summary
The 57-year-old British-born applicant, a naturalized U.S. citizen since 1978, faced security clearance denial due to his failure to surrender his British passport and obtain official approval for its use, raising concerns about his allegiance to the United States. The judge found that while the applicant mitigated concerns under Guideline B regarding foreign influence, he did not mitigate the disqualifying conditions under Guideline C related to foreign preference, leading to a denial of his security clearance.
Under Guideline A (Allegiance), Guideline B (Foreign Influence), and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's father and two sisters are citizens and residents of the United Kingdom (1.a). Applicant's wife is a citizen of the United Kingdom but became a naturalized U.S. citizen in 1990 (1.b). Applicant has maintained a British passport and failed to obtain official approval for its use from the appropriate agency of the United States Government (1.c). The exercise of dual citizenship (2.a). Possession and/or use of a foreign passport (2.b).
The judge denied the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A3.1.2.2. The judge applied mitigating conditions E2.A2.1.3.1. The decision turned on the following: Applicant failed to surrender his British passport and did not obtain official approval for its use, raising doubts about his allegiance to the United States; The applicant's actions indicated a preference for a foreign country over the United States, which is a disqualifying condition under Guideline C.
Why the Applicant Was Denied
- Applicant failed to surrender his British passport and did not obtain official approval for its use, raising doubts about his allegiance to the United States.
- The applicant's actions indicated a preference for a foreign country over the United States, which is a disqualifying condition under Guideline C.
Conditions Referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
Key Rule Quoted
“The possession and use of a foreign passport in preference to a U.S. passport raises doubt as to whether the person's allegiance to the United States is paramount.”
Procedural Posture
- SOR issuedFeb 28, 2003
- Answer filedApr 2, 2003Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateSep 30, 2003
Cite For
- Denial of Security Clearance Due to Failure to Surrender Foreign Passport Under Guideline C
- Mitigation of Foreign Influence Concerns Under Guideline B
- Impact of Dual Citizenship on Security Clearance Eligibility