Summary
The applicant, a 42-year-old software engineer born in France, moved to the U.S. in 1984 and became a U.S. citizen in 1998 while retaining his French citizenship. He demonstrated a willingness to renounce his French citizenship, surrendered his French passport, and liquidated his financial interests in France. The judge found that the applicant's ties to France did not pose a security risk, leading to the granting of his security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's parents, two brothers, and sister are citizens of and resident in France. He has not seen his family in more than two years. They have visited him in the U.S. only a few times in the 19 years he has been here (2.a). Applicant's wife and two children are dual citizens of the U.S. and France. His wife is the one most interested in maintaining contact with French culture. His youngest daughter was born in France in 1998, and he made sure she was registered as a U.S. citizen within a few days of her birth (2.b). As of the issuance of the SOR, Applicant owned stock in a French corporation worth approximately $2,000. Applicant has documented that the stock has been sold and the money sent to him in the U.S (2.c). As of the issuance of the SOR, Applicant maintained savings accounts in two French banks, the amounts being approximately $500 and $2000 respectively. Applicant has documented that the two accounts have been closed and the funds transferred to the U.S (2.d). Applicant exercises dual citizenship with the United States and France. He is willing to renounce his French citizenship (1.a). As of the issuance of the SOR, Applicant possessed a French passport that was valid until July 5, 2008. At the hearing, Applicant documented that he had cut up and returned his French passport (1.b).
The judge granted the clearance. The government raised disqualifying conditions DC 1. The judge applied mitigating conditions MC 1, MC 4. The decision turned on the following: Applicant demonstrated a willingness to renounce his French citizenship; Applicant surrendered his French passport and liquidated his financial interests in France; There was little risk of coercion from his family in France.
Why the applicant prevailed
- Applicant demonstrated a willingness to renounce his French citizenship.
- Applicant surrendered his French passport and liquidated his financial interests in France.
- There was little risk of coercion from his family in France.
Conditions referenced
- DC 1raisedExercise of Dual Citizenship
- DC 1raisedImmediate Family in France
- MC 1appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
- MC 4appliedWillingness to Renounce Dual Citizenship
Key rule quoted
“An applicant's admission of the information in specific allegations relieves the Government of having to prove those allegations.”
Procedural posture
- SOR issuedJan 22, 2004
- Answer filed—
- Hearing held—
- Decision dateJan 22, 2004
Cite for
- Willingness to Renounce Dual Citizenship Under Guideline C
- Minimal Risk of Foreign Influence Due to Family Ties Under Guideline B
- Surrender of Foreign Passport as a Mitigating Factor