Summary
The applicant, a 23-year-old defense contractor employee and naturalized U.S. citizen, used her Lebanese passport after obtaining a U.S. passport, indicating foreign preference. She failed to surrender her foreign passport and made inconsistent statements regarding her dual citizenship. The judge found that these factors raised significant doubts about her security eligibility, leading to a denial of her security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: An immediate family member, or a person to whom the individual has close ties of affection or obligation, is a citizen of, or resident or present in, a foreign country (2.a). The applicant has close ties of affection or obligation to a person who is a citizen of, or resident or present in, a foreign country (2.b). Sharing living quarters with a person or persons, regardless of their citizenship status, if the potential for adverse foreign influence or duress exists (2.c). Applicant used her Lebanese passport for her own convenience which indicates a foreign preference, exercising the rights and privileges of a citizen of that country, holding herself out as a citizen of that country and not as a citizen of the United States (1.a). Applicant has not surrendered her Lebanese passport, though she now states she will surrender it (1.b). Applicant declared twice she is a dual citizen and exercises dual citizenship (1.c).
The judge denied the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A3.1.2.2. The judge applied mitigating conditions E2.A3.1.3.1, E2.A3.1.3.4. The decision turned on the following: Applicant used her Lebanese passport for convenience after becoming a U.S. citizen, indicating foreign preference; She has not surrendered her foreign passport and made inconsistent statements about her intentions to do so; The applicant's admissions and actions raised grave questions about her loyalty and suitability for a security clearance.
Why the Applicant Was Denied
- Applicant used her Lebanese passport for convenience after becoming a U.S. citizen, indicating foreign preference.
- She has not surrendered her foreign passport and made inconsistent statements about her intentions to do so.
- The applicant's admissions and actions raised grave questions about her loyalty and suitability for a security clearance.
Conditions Referenced
- E2.A3.1.2.1raisedDual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A3.1.3.1rejectedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign CountryWhile applicable, it does not mitigate the disqualifying conditions.
- E2.A3.1.3.4rejectedWillingness to Renounce Dual CitizenshipApplicant's inconsistent statements and failure to act on her willingness undermine this mitigating condition.
Key Rule Quoted
“The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedDec 26, 2002
- Answer filedJan 10, 2003Requested decision on written record.
- Hearing held—No hearing; decided on written record.
- Decision dateAug 6, 2003
Cite For
- Indications of Foreign Preference Under Guideline C
- Inconsistent Statements Regarding Dual Citizenship
- Failure to Surrender Foreign Passport as a Disqualifying Condition