Summary
A 32-year-old defense contractor was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited several issues, including the applicant's wife being an Israeli citizen, his parents residing in Israel as citizens, and two siblings holding dual Israeli and U.S. citizenship. Additionally, an uncle was identified as an Israeli citizen, resident, and retired senior officer in the Israeli Defense Forces, and the applicant maintained casual contact with two Israeli friends. The applicant's prior exercise of dual citizenship and possession of a foreign passport were also noted.
However, the judge found that mitigating conditions applied. The applicant renounced his Israeli citizenship and surrendered his Israeli passport, demonstrating a clear preference for the United States. His immediate family members are U.S. citizens and were determined not to be agents of a foreign power.
Furthermore, the applicant's contact with his foreign relatives was characterized as casual and infrequent. Based on these mitigating factors, the judge concluded that the applicant's family members residing in the U.S. are not agents of a foreign power, and his actions showed a clear preference for the U.S. Consequently, the security clearance was granted.
Why the Applicant Prevailed
- Applicant renounced his Israeli citizenship and surrendered his Israeli passport.
- Immediate family members are U.S. citizens and not agents of a foreign power.
- Applicant's contact with foreign relatives is casual and infrequent.
Conditions Referenced
- E2.A2.1.2.1raisedAn Immediate Family Member Is a Citizen Of, or Resident or Present In, a Foreign Country.
- E2.A3.1.2.1raisedThe Exercise of Dual Citizenship.
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport.
- E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) in Question Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign Power.
- E2.A2.1.3.3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent.
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Birth in a Foreign Country.
- E2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
- E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining United States Citizenship.
Key Rule Quoted
“In light of all the circumstances presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for applicant.”
Procedural Posture
- SOR issuedJul 9, 2004
- Answer filedAug 2, 2004
- Hearing heldFeb 2, 2005
- Decision dateFeb 15, 2005
Cite For
- Mitigation of Foreign Influence Under Guideline B
- Mitigation of Foreign Preference Under Guideline C
- Impact of Renouncing Foreign Citizenship on Security Clearance Eligibility