Summary
A 53-year-old engineer, a naturalized U.S. citizen since 1993 and born in Egypt, was denied a security clearance under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from his retention of Israeli citizenship, possession of an expired Israeli passport, and extensive family ties in Israel.
The applicant holds dual U.S. and Israeli citizenship, having retained his Israeli citizenship as of March 21, 2005. He also possessed an Israeli passport, which he used for travel to Israel, though it has since expired. Furthermore, he served in the Israeli Army from 1970 to 1974. His wife and two children are dual citizens of the U.S. and Israel, residing with him in the U.S.
Significant family connections in Israel include his mother, four siblings, and a brother-in-law, all citizens and residents. One of his brothers is a retired Israeli Army officer with the rank of General. Additionally, one sister is a citizen and resident of the United Kingdom. The applicant owns an apartment in Israel valued between $150,000 and $200,000 and has traveled to Israel at least twice since 1996. The judge concluded that the applicant did not demonstrate an unequivocal preference for the U.S., and his familial connections posed an unacceptable risk.
Why the Applicant Was Denied
- Applicant retained his Israeli citizenship and did not renounce it.
- He possessed an expired Israeli passport and used it to travel to Israel.
- Numerous close family members reside in Israel, including a brother who is a retired Israeli Army officer.
Conditions Referenced
- C1raisedDual Citizenship
- C2raisedPossession of a Foreign Passport
- C3raisedService in a Foreign Military
- B1raisedImmediate Family Members Are Citizens of a Foreign Country
- B3raisedRelatives Connected with a Foreign Government
- C1rejectedDual Citizenship Based Solely on Parents' Citizenship or Birth in a Foreign CountryApplicant's actions in obtaining and using an Israeli passport diminish the weight of this factor.
- C3rejectedIndicators of Foreign Preference Occurred Long Before Obtaining U.S. CitizenshipForeign military service does not mitigate the current security concerns.
- B1rejectedImmediate Family Members Would Not Constitute an Unacceptable RiskClose ties to family in Israel indicate a continuing risk.
- B3rejectedContacts with Family Are Casual or InfrequentThe applicant's relationships with family members in Israel are significant and ongoing.
Key Rule Quoted
“Holding a security clearance, on the other hand, is a privilege, and not a right, and it is an applicant's obligation to establish that he or she is eligible to hold a clearance, and not on the government to prove the contrary.”
Procedural Posture
- SOR issuedNov 23, 2004
- Answer filedDec 15, 2004
- Hearing heldMar 1, 2005Government did not present witnesses.
- Decision dateMay 19, 2005
Cite For
- Denial of Clearance Due to Dual Citizenship Under Guideline C
- Foreign Influence Concerns Due to Family Ties Under Guideline B
- Insufficient Mitigation of Foreign Preference and Influence Risks