Summary
A 45-year-old U.S. citizen, serving as president of a software company, sought a security clearance under Guidelines B (Foreign Influence) and C (Foreign Preference). The applicant first arrived in the U.S. in 1980 for his Master's Degree, subsequently working for a U.S. computer firm before naturalizing as a U.S. citizen in August 2000. Upon naturalization, he renounced his Indian citizenship and, despite physically retaining his Indian passport, never used it again. He has since surrendered the passport, which is stamped "Passport cancelled as acquired U.S. nationality."
Allegations under Guideline B noted that the applicant's father, an 81-year-old retired Indian Civil Service member, and his mother, a housewife, are citizens and residents of India. One brother also lives in India and is a businessman, while another has resided in the U.S. for over ten years. His in-laws emigrated from Canada over 40 years ago; his father-in-law is retired from a U.S. firm, and his mother-in-law is a real estate broker.
The judge found no current foreign influence or preference that would jeopardize national security. Key factors in this determination included the applicant's renunciation of Indian citizenship upon becoming a U.S. citizen, his non-use of the Indian passport since acquiring U.S. nationality, and the absence of evidence indicating current foreign influence from his family members. Consequently, the security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant renounced his Indian citizenship upon becoming a U.S. citizen.
- He has not used his Indian passport since acquiring U.S. nationality.
- There is no evidence of current foreign influence from his family members.
Conditions Referenced
- C1raisedForeign Preference - Immediate Family Member Is a Citizen of a Foreign Country.
- B1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country.
- C4appliedForeign Preference - Individual Has Expressed a Willingness to Renounce Dual Citizenship.
- B1appliedForeign Influence - Determination That Immediate Family Members Are Not Agents of a Foreign Power.
Key Rule Quoted
“An individual who demonstrates a foreign preference, or who is subject to a foreign influence, may be prone to provide information or make decisions that are harmful to the interests of the United States.”
Procedural Posture
- SOR issuedOct 25, 2002
- Answer filedNov 15, 2002
- Hearing heldMar 10, 2003
- Decision dateApr 7, 2003
Cite For
- Mitigation of Foreign Preference Under Guideline C
- Mitigation of Foreign Influence Under Guideline B
- Criteria for Evaluating Foreign Connections in Security Clearance Cases