Summary
A 32-year-old defense contractor was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The denial stemmed from his continued use of an Australian passport and his stated desire to maintain Australian citizenship for economic reasons and to remain on the Australian wrestling team. He also sought dual citizenship for his daughter, who was born in the U.S. The judge found these actions demonstrated an impermissible foreign preference and an unacceptable risk of divided loyalty.
Further foreign influence concerns arose from his wife's citizenship in the People's Republic of China (PRC). His parents-in-law are self-sufficient PRC citizens, and his brother-in-law is a PRC citizen employed by the Chinese government as a member of the Communist Party. Additionally, his sister-in-law works in a government-owned factory in the PRC. The applicant's daughter, born in the PRC, was registered as an Australian citizen.
The judge concluded that the applicant's repeated use of his Australian passport after acquiring a U.S. passport, coupled with his desire to maintain Australian citizenship and establish dual citizenship for his daughter, indicated divided loyalty. These factors, combined with the foreign influence concerns related to his wife and in-laws in the PRC, led to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant's repeated use of his Australian passport after obtaining a U.S. passport demonstrates foreign preference.
- Applicant's desire to maintain Australian citizenship for economic reasons and dual citizenship for his daughter indicates divided loyalty.
- Foreign influence concerns were raised due to the PRC citizenship of the applicant's wife and in-laws.
Conditions Referenced
- E2.A3.1.2.1raisedExercise of Dual Citizenship
- E2.A3.1.2.2raisedPossession and Use of a Foreign Passport
- E2.A2.1.2.1raisedImmediate Family Member Is a Citizen of a Foreign Country
- E2.A2.1.2.2raisedSharing Living Quarters with a Foreign Citizen
Key Rule Quoted
“The security concern arises when an individual acts in a way that indicates a preference for a foreign country over the United States (U.S.).”
Procedural Posture
- SOR issuedSep 7, 2004
- Answer filed—Applicant's undated answer was received by DOHA.
- Hearing heldMar 17, 2005Hearing was conducted with testimony from the applicant.
- Decision dateJan 26, 2006
Cite For
- Foreign Preference Due to Dual Citizenship and Passport Use
- Foreign Influence Concerns Arising From Family Ties to Foreign Nationals
- Impact of Foreign Citizenship on Security Clearance Eligibility