Summary
The applicant, a 35-year-old network engineer and naturalized U.S. citizen originally from Jordan, faced security clearance denial due to foreign preference and foreign influence concerns. The applicant's use of a foreign passport and failure to surrender it or obtain approval for its use demonstrated foreign preference, while foreign influence concerns were mitigated as family members were not agents of a foreign government. Clearance denied.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's sister and in-laws were Jordanian citizens residing in Israel (2.a). Applicant's travel to Jordan and Israel demonstrate close ties of affection (2.b). Applicant is not close to his in-laws, they are not agents of a foreign government, and are not so situated as to provide a point of influence on him (2.c). Applicant's application for, renewal of, and use of a foreign passport after becoming a naturalized U.S. citizen demonstrated foreign preference which was not mitigated since Applicant had neither surrendered the passport nor obtained formal approval for its use (1.a). Applicant renewed his Jordanian passport, and his wife obtained her Jordanian passport and immigrated to the U.S (1.b). Applicant used his Jordanian passport to travel to Jordan in 2002 (1.c). Applicant has not expressed a willingness to renounce his foreign citizenship (1.d).
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.A2.1.3.1. The decision turned on the following: Applicant demonstrated foreign preference by retaining and using a Jordanian passport after becoming a U.S. citizen; Applicant did not surrender the foreign passport or obtain formal approval for its use, failing to mitigate foreign preference concerns; Possession of an expired foreign passport does not satisfy the requirement for surrendering the passport.
Why the Applicant Was Denied
- Applicant demonstrated foreign preference by retaining and using a Jordanian passport after becoming a U.S. citizen.
- Applicant did not surrender the foreign passport or obtain formal approval for its use, failing to mitigate foreign preference concerns.
- Possession of an expired foreign passport does not satisfy the requirement for surrendering the passport.
Conditions Referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power
Key Rule Quoted
“The government has a compelling interest in ensuring those entrusted with this Nation's secrets will make decisions free of concerns for the foreign country of which they may also be a citizen.”
Procedural Posture
- SOR issuedSep 23, 2004
- Answer filedOct 11, 2004
- Hearing heldApr 19, 2006
- Decision dateJun 30, 2006
Cite For
- Foreign Preference Concerns Related to Dual Citizenship Under Guideline C
- Impact of Foreign Passport Possession on Security Clearance Eligibility
- Mitigation of Foreign Influence Concerns When Family Members Are Not Agents of a Foreign Government