Summary
The applicant, a 46-year-old senior communications engineer, sought a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). Despite concerns regarding his family ties in Peru and Colombia, the applicant successfully mitigated these concerns by renouncing his Peruvian citizenship and passport, demonstrating substantial ties to the United States, and providing favorable character references. The clearance was granted.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's sister is a dual citizen of Peru and the United States and resides in Peru (2.a). Applicant's fiancee and son are resident citizens of Columbia (2.b). Applicant maintains contact with his family members in Peru and Columbia (2.c). The exercise of dual citizenship (1.a). Possession and/or use of a foreign passport (1.b). Voting in foreign elections (1.c).
The judge granted the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A3.1.2.2, E2.A3.1.2.8, E2.A2.1.2.1. The judge applied mitigating conditions E2.A3.1.3.1, E2.A3.1.3.2, E2.A2.1.3.1. The decision turned on the following: Applicant renounced his Peruvian citizenship and surrendered his Peruvian passport, addressing foreign preference concerns; He demonstrated substantial ties to the United States through employment, business ownership, and family connections; Favorable character references and testimony supported his trustworthiness and loyalty to the United States.
Why the applicant prevailed
- Applicant renounced his Peruvian citizenship and surrendered his Peruvian passport, addressing foreign preference concerns.
- He demonstrated substantial ties to the United States through employment, business ownership, and family connections.
- Favorable character references and testimony supported his trustworthiness and loyalty to the United States.
Conditions referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A3.1.2.8raisedVoting in Foreign Elections
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country
- E2.A3.1.3.1appliedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign Country
- E2.A3.1.3.2appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
Key rule quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural posture
- SOR issuedOct 22, 2003
- Answer filedNov 14, 2003
- Hearing heldApr 8, 2004via video-teleconference
- Decision dateFeb 17, 2005
Cite for
- Mitigation of Foreign Preference Concerns Through Renunciation of Citizenship
- Consideration of Family Ties in Foreign Influence Cases
- Importance of Character References in Security Clearance Determinations