Summary
A 61-year-old scientist and engineer was denied a top secret security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's retention of his Slovak passport after becoming a U.S. citizen was a primary factor, indicating a preference for Slovakia. He also expressed an unwillingness to relinquish this passport, stating it was key to a potential return to Slovakia, where he intended to retire.
Further concerns arose from his extensive foreign ties. His wife is a dual U.S./Polish citizen, and his mother is a citizen resident of the Slovak Republic, with whom he maintains weekly telephone contact and sends at least $50 monthly. He also communicates via email with siblings in the Slovak Republic and has traveled there five times between 1994 and 2001 to visit family.
Additional family connections include his mother-in-law, two brothers-in-law, and a sister-in-law, all citizen residents of Poland. While two of his children are dual U.S./Slovak citizens residing in the U.S., and one child is a dual U.S./Polish citizen, the judge ultimately found that the applicant failed to mitigate the foreign preference concerns, leading to the denial of his clearance.
Why the Applicant Was Denied
- Applicant retained his Slovak passport after becoming a U.S. citizen, indicating a preference for Slovakia.
- He expressed unwillingness to relinquish his Slovak passport, which he stated was key to potential return to Slovakia.
- The applicant's dual citizenship and possession of a foreign passport were substantial evidence of disqualifying conditions.
Conditions Referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession of a Foreign Passport
- E2.A3.1.3.1rejectedDual Citizenship Based Solely on Foreign BirthApplicant's reluctance to surrender his Slovak passport demonstrated a foreign preference.
- E2.A3.1.4rejectedWillingness to Renounce Dual CitizenshipApplicant did not express a willingness to renounce his Slovak citizenship.
- E2.A2.1.3.1appliedForeign Associates Not Agents of a Foreign PowerThe judge found that the applicant's foreign associates were not in a position to be exploited by a foreign power.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedMay 4, 2004
- Answer filedMay 21, 2004
- Hearing heldFeb 28, 2005
- Decision dateMay 3, 2005
Cite For
- Foreign Preference Concerns Under Guideline C
- Foreign Influence Considerations Under Guideline B
- Impact of Retaining a Foreign Passport on Security Clearance Eligibility