ISCR Case 02-23318.h1

Case Headnote

ISCR Case No. 02-23318.h1

grantedAug 6, 2004· Hon. Joseph Testan· hearing

Summary

A 56-year-old naturalized U.S. citizen and Research Engineer was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited his Israeli citizenship, his parents' residency in Israel, and two Israeli acquaintances. Disqualifying conditions related to dual citizenship, foreign passport use, and potential foreign military service were raised.

However, the judge applied several mitigating conditions. It was determined that the applicant's elderly parents were not agents of a foreign power, thereby reducing the risk of coercion. The applicant also demonstrated a consistent preference for the United States since his arrival in 1977.

Crucially, the applicant took proactive steps to renounce his Israeli citizenship and surrendered his Israeli passport. These actions, combined with the lack of foreign government connection to his family, led to the judge's finding that the applicant clearly preferred the United States, resulting in the granting of his security clearance.

Why the Applicant Prevailed

The applicant's elderly parents are not connected to the Israeli government or military, reducing coercion risk.
The applicant has shown a clear preference for the United States since his arrival in 1977.
The applicant took steps to renounce his Israeli citizenship and surrendered his Israeli passport.

Conditions Referenced

Disqualifying

E2.A2.1.2.1raisedImmediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
E2.A3.1.2.1raisedThe Exercise of Dual Citizenship.
E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport.
E2.A3.1.2.3raisedMilitary Service or a Willingness to Bear Arms for a Foreign Country.

Mitigating

E2.A2.1.3.1appliedImmediate Family Member(s) Are Not Agents of a Foreign Power.
E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining U.S. Citizenship.
E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.

Key Rule Quoted

“"It is highly unlikely that Israel, a close ally of the United States, would risk threatening its relationship with the United States by exploiting two of its elderly private citizens for the purpose of forcing a United States citizen to betray the United States."”

Procedural Posture

SOR issuedApr 10, 2004
Answer filedApr 26, 2004
Hearing heldJul 16, 2004
Decision dateAug 6, 2004

Cite For

Mitigating Factors Related to Family Ties Under Guideline B
Considerations of Dual Citizenship Under Guideline C
Evidence of Preference for U.S. Citizenship in Security Clearance Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's parents are citizens and residents of Israel.	For Applicant	Parent in Foreign Country Immediate Family	Israel	Denied	(e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Documented Severed Foreign Contact Documented Deep U.S. Ties
1.b	Applicant has two acquaintances who are Israeli citizens.	For Applicant	Friend in Foreign Country Friend	Israel	Denied	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's parents are citizens and residents of Israel.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

Denied

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Documented

Severed Foreign Contact

Documented

Deep U.S. Ties

1.b

Applicant has two acquaintances who are Israeli citizens.

For Applicant

Friend in Foreign Country

Friend

Israel

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The exercise of dual citizenship	For Applicant	Foreign Citizenship Acquisition or Application	Admitted	(a) applying for and/or acquiring citizenship in any other country	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.b	Possession and/or use of a foreign passport	For Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.	(a) the foreign citizenship is not in conflict with U.S. national security interests (b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other
1.c	Military service or a willingness to bear arms for a foreign country	For Applicant	Foreign Military or Government Service	Admitted	(c) failure to use a U.S. passport when entering or exiting the U.S.	(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference (c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests (d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The exercise of dual citizenship

For Applicant

Foreign Citizenship Acquisition or Application

Admitted

(a) applying for and/or acquiring citizenship in any other country

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

1.b

Possession and/or use of a foreign passport

For Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(a) the foreign citizenship is not in conflict with U.S. national security interests

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

1.c

Military service or a willingness to bear arms for a foreign country

For Applicant

Foreign Military or Government Service

Admitted

(c) failure to use a U.S. passport when entering or exiting the U.S.

(b) dual citizenship is based solely on parental citizenship or birth in a foreign country, and there is no evidence of foreign preference

(c) the individual has expressed a willingness to renounce the foreign citizenship that is in conflict with U.S. national security interests

(d) the exercise of the rights/privileges/obligations of foreign citizenship occurred before the individual became a U.S. citizen

Claimed

Other

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES