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Summary

Applicant, a 25-year-old dual citizen of Hong Kong and the United States, possesses a valid Hong Kong passport and identification card. He is unwilling to relinquish his foreign citizenship unless assured of receiving a security clearance. The Administrative Judge found that the applicant's foreign ties and possession of a foreign passport raised significant security concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), leading to the denial of his security clearance.

Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant has close ties of affection to friends and relatives in Hong Kong, Taiwan, and Singapore (2.a). Applicant has a brother who is a dual citizen and lives in Singapore (2.b). Applicant has a maternal grandmother who lives in Taiwan (2.c). Applicant has an uncle and cousins who live in Taiwan (2.d). Applicant maintains contact with friends in Hong Kong and other countries (2.e). Applicant has friends who are citizens of Hong Kong but reside in Canada and Great Britain (2.f). Applicant has maintained regular contact with friends in Hong Kong (2.g). Applicant has traveled to Hong Kong and Taiwan multiple times since immigrating to the U.S (2.h). Applicant has used his British passport to travel to Hong Kong and Taiwan after becoming a U.S. citizen (2.i). The applicant has exercised dual citizenship since his naturalization through his use of a foreign passport and identity documents when he traveled overseas in 2000 and 2001 (1.a). The applicant has exercised dual citizenship since his naturalization through his use of a foreign passport and identity documents when he traveled overseas in 2000 and 2001 (1.b). The applicant has exercised dual citizenship since his naturalization through his use of a foreign passport and identity documents when he traveled overseas in 2000 and 2001 (1.c).

The judge denied the clearance. The government raised disqualifying conditions DC 1, DC 2. The judge applied mitigating conditions MC 1, MC 4. The decision turned on the following: Applicant possesses a valid Hong Kong passport and identification card, which is a disqualifying factor under Guideline C; Applicant's unwillingness to relinquish his foreign citizenship unless assured of a security clearance indicates a preference for foreign allegiance; Applicant has close ties of affection to friends and relatives in Hong Kong, Taiwan, and Singapore, which were not sufficiently mitigated under Guideline B.

Why the applicant was denied

• Applicant possesses a valid Hong Kong passport and identification card, which is a disqualifying factor under Guideline C.
• Applicant's unwillingness to relinquish his foreign citizenship unless assured of a security clearance indicates a preference for foreign allegiance.
• Applicant has close ties of affection to friends and relatives in Hong Kong, Taiwan, and Singapore, which were not sufficiently mitigated under Guideline B.

Conditions referenced

Key rule quoted

“A fair and commonsense assessment of Applicant's foreign ties of affection and his exercise of dual citizenship raises reasonable doubts about Applicant's willingness to put the interests of the United States government ahead of those of foreign governments.”

Procedural posture

• SOR issuedNov 4, 2003
• Answer filedNov 26, 2004Applicant chose to have his case decided without a hearing.
• Hearing held—
• Decision dateJul 30, 2004

Cite for

• Disqualifying Conditions Under Guideline C for Possession of a Foreign Passport
• Security Concerns Related to Foreign Influence Under Guideline B
• Impact of Dual Citizenship on Security Clearance Eligibility