Summary
The applicant, a 51-year-old engineer and naturalized U.S. citizen originally from the Ivory Coast, faced concerns under Guidelines B (Foreign Influence), C (Foreign Preference), and E (Personal Conduct) due to his family ties in France and Lebanon and the use of a French passport. The judge found that the applicant's relationships did not pose an unacceptable risk to U.S. national security, especially after he surrendered his French passport and initiated the renunciation of his French citizenship. The applicant's actions demonstrated a commitment to U.S. interests, leading to a granted security clearance.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant's mother is a citizen and resident of Lebanon. He maintains monthly contact with her (1.a). Applicant's two sisters are citizens and residents of France. He maintains frequent contact with them (1.b). Applicant has a sister who is a resident of Lebanon and a citizen of France. He maintains frequent contact with her (1.c). Applicant traveled to France in 1996 (1.d). Applicant possesses a French passport from the time he became a naturalized U.S. citizen in 1988 to 2001, when the passport expired (2.a). Applicant used his French passport instead of his U.S. passport to travel to Lebanon in 1996, to facilitate his visit to see his sick and elderly mother (2.b). mistakenly erred in his answer to Question 18 Your Foreign Activities - Passport, when he denied possessing a French passport, which had been valid but expired in 2001 (3.a). mistakenly erred in his answer to Question 16 Foreign Countries You Have Visited, when he omitted any mention of his travel to Lebanon in October 1996 (3.b).
The judge granted 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: The applicant surrendered his expired French passport and initiated the process to renounce his French citizenship; The applicant's family members in France and Lebanon were deemed not to pose an unacceptable security risk; The applicant demonstrated a clear commitment to U.S. interests and responsibilities.
Why the Applicant Prevailed
- The applicant surrendered his expired French passport and initiated the process to renounce his French citizenship.
- The applicant's family members in France and Lebanon were deemed not to pose an unacceptable security risk.
- The applicant demonstrated a clear commitment to U.S. interests and responsibilities.
Conditions Referenced
- DC 1raisedForeign Influence - Immediate Family Member Is a Citizen or Resident of a Foreign Country
- DC 1raisedForeign Preference - Exercise of Dual Citizenship
- DC 2raisedForeign Preference - Possession of a Foreign Passport
- MC 1appliedForeign Influence - Determination That Immediate Family Members Do Not Constitute an Unacceptable Security Risk
- MC 1appliedForeign Preference - Dual Citizenship Based on Parents' Citizenship
- MC 4appliedForeign Preference - Individual Has Expressed a Willingness to Renounce Foreign 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 issuedMar 9, 2004
- Answer filedMar 19, 2004
- Hearing heldJul 28, 2004
- Decision dateDec 10, 2004
Cite For
- Mitigation of Foreign Influence Concerns Due to Family Ties
- Surrender of Foreign Passport as a Mitigating Factor
- Demonstration of Commitment to U.S. Interests Despite Foreign Connections