Summary
The applicant, a 34-year-old naturalized U.S. citizen originally from Aruba, faced security clearance denial under Guideline B and Guideline C due to his possession and use of a French passport, indicating foreign preference. Despite having family members who are foreign nationals residing in the U.S., the applicant did not mitigate the concerns related to foreign preference, 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: Applicant's parents and sister are foreign nationals, but reside in the United States (2.a). Applicant's parents and sister are foreign nationals, but reside in the United States (2.b). The exercise of dual citizenship (1.a). Possession and/or use of a foreign passport (1.b).
The judge denied the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A3.1.2.2. The decision turned on the following: Applicant continued to use and renew his French passport after becoming a U.S. citizen, indicating a preference for a foreign country; Applicant did not surrender his French passport or obtain U.S. Government approval for its use, as required by the ASD, C3I memorandum; Applicant's dual citizenship was based on his active exercise of dual citizenship after naturalization, which did not meet mitigating conditions.
Why the Applicant Was Denied
- Applicant continued to use and renew his French passport after becoming a U.S. citizen, indicating a preference for a foreign country.
- Applicant did not surrender his French passport or obtain U.S. Government approval for its use, as required by the ASD, C3I memorandum.
- Applicant's dual citizenship was based on his active exercise of dual citizenship after naturalization, which did not meet mitigating conditions.
Conditions Referenced
- E2.A3.1.2.1raisedThe Exercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign 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 issuedJan 10, 2003
- Answer filedJan 29, 2003Applicant requested an administrative decision on the record.
- Hearing held—
- Decision dateJan 30, 2004
Cite For
- Denial of Security Clearance Due to Foreign Preference Under Guideline C
- Impact of Foreign Passport Possession on Security Clearance Eligibility
- Consideration of Family Ties in Foreign Influence Assessments Under Guideline B