ISCR Case 04.09669.h1

Case Headnote

ISCR Case No. 04.09669.h1

deniedApr 6, 2006· Hon. Joan Caton Anthony· hearing

Summary

A 43-year-old naturalized U.S. citizen was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The primary issues stemmed from her continued possession and use of a Yugoslav passport after becoming a U.S. citizen. She obtained a Yugoslav passport on June 8, 2000, despite having naturalized as a U.S. citizen on March 25, 1998, and possessing a valid U.S. passport issued on April 8, 1998.

The applicant used her Yugoslav passport for travel to and from Serbia and Montenegro in 2003 and 2004, rather than her U.S. passport. As of June 3, 2004, she still possessed this Yugoslav passport, which was valid until June 8, 2010. Additionally, the applicant has close family ties in Serbia and Montenegro, including parents, a brother, and a mother-in-law, all of whom are citizens and residents there, with her parents and mother-in-law also being registered U.S. aliens.

Despite the applicant's claims of U.S. loyalty and efforts to return the foreign passport, the judge found that she failed to mitigate the security concerns. The denial was based on her possession and use of a foreign passport after naturalization, the risk of foreign influence due to her family ties in Serbia and Montenegro, and the lack of evidence of official approval for her foreign passport use.

Why the Applicant Was Denied

The applicant possessed and used a Yugoslav passport after obtaining U.S. citizenship, raising concerns of foreign preference.
The applicant's close family ties in Serbia and Montenegro posed a risk of foreign influence and potential coercion.
The applicant did not provide evidence of official approval for the use of her foreign passport.

Conditions Referenced

Disqualifying

E2.A3.1.2.1raisedPossession And/or Use of a Foreign Passport
E2.A3.1.2.2raisedExercise of Dual Citizenship
E2.A2.1.2.1raisedForeign Influence Due to Family Ties

Mitigating

E2.A3.1.3.4appliedWillingness to Renounce Dual Citizenship
E2.A3.1.3.1rejectedDual Citizenship Based on Parents' CitizenshipThe applicant's dual citizenship was not based on her parents' citizenship.
E2.A3.1.3.2rejectedPreference for U.S. Citizenship Expressed Before Obtaining U.S. CitizenshipThe applicant's preference for Yugoslav citizenship continued after becoming a U.S. citizen.

Key Rule Quoted

“The purpose of this memorandum is to clarify the application of Guideline C to cases involving an applicant's possession or use of a foreign passport.”
— Money Memorandum, August 16, 2000

Procedural Posture

SOR issuedMay 16, 2005
Answer filedJun 4, 2005
Hearing heldNov 2, 2005Record held open until 11/14/2005 for additional documentation.
Decision dateApr 6, 2006

Cite For

Security Concerns Related to Foreign Preference Due to Possession of a Foreign Passport
Impact of Family Ties on Security Clearance Under Guideline B
Mitigating Conditions Applicable to Dual Citizenship Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
2.a	Applicant's parents are citizens and residents of Serbia and Montenegro and registered U.S. aliens.	Against Applicant	Parent in Foreign Country Immediate Family	Serbia and Montenegro HEIGHTENED RISK	Admitted	—	—	—
2.b	Applicant's brother is a citizen and resident of Serbia and Montenegro.	Against Applicant	Sibling in Foreign Country Immediate Family	Serbia and Montenegro HEIGHTENED RISK	Admitted	—	—	—
2.c	Applicant's mother-in-law is a citizen and resident of Serbia and Montenegro and a registered U.S. alien.	Against Applicant	In Law in Foreign Country Immediate Family	Serbia and Montenegro HEIGHTENED RISK	Admitted	—	—	—
2.d	Applicant traveled to Serbia and Montenegro in 2004, 2003.	Against Applicant	Unspecified Foreign Relationship Other	Serbia and Montenegro HEIGHTENED RISK	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Applicant's parents are citizens and residents of Serbia and Montenegro and registered U.S. aliens.

Against Applicant

Parent in Foreign Country

Immediate Family

Serbia and Montenegro

HEIGHTENED RISK

Admitted

—

2.b

Applicant's brother is a citizen and resident of Serbia and Montenegro.

Against Applicant

Sibling in Foreign Country

Immediate Family

Serbia and Montenegro

HEIGHTENED RISK

Admitted

—

2.c

Applicant's mother-in-law is a citizen and resident of Serbia and Montenegro and a registered U.S. alien.

Against Applicant

In Law in Foreign Country

Immediate Family

Serbia and Montenegro

HEIGHTENED RISK

Admitted

—

2.d

Applicant traveled to Serbia and Montenegro in 2004, 2003.

Against Applicant

Unspecified Foreign Relationship

Other

Serbia and Montenegro

HEIGHTENED RISK

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant exercised dual citizenship with the country formerly known as the Federal Republic of Yugoslavia, now known as Serbia and Montenegro, and the United States.	Against Applicant	Failure to Renounce or Surrender Foreign Status	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.b	Applicant applied for and was issued a passport from the country formerly known as the Federal Republic of Yugoslavia on June 8, 2000, even though she became a naturalized U.S. citizen on March 25, 1998 and had a valid U.S. passport issued on April 8, 1998.	Against Applicant	Foreign Citizenship Acquisition or Application	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.c	As of June 3, 2004, when interviewed by an authorized investigator for the Department of Defense, she possessed a Federal Republic of Yugoslavia passport that was issued June 8, 2000 and which will not expire until June 8, 2010.	Against Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—
1.d	Applicant used her Yugoslav passport instead of her U.S. passport to enter and exit Serbia and Montenegro.	Against Applicant	Foreign Passport Possession or Use	Admitted	(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S. (c) failure to use a U.S. passport when entering or exiting the U.S.	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant exercised dual citizenship with the country formerly known as the Federal Republic of Yugoslavia, now known as Serbia and Montenegro, and the United States.

Against Applicant

Failure to Renounce or Surrender Foreign Status

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.b

Applicant applied for and was issued a passport from the country formerly known as the Federal Republic of Yugoslavia on June 8, 2000, even though she became a naturalized U.S. citizen on March 25, 1998 and had a valid U.S. passport issued on April 8, 1998.

Against Applicant

Foreign Citizenship Acquisition or Application

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.c

As of June 3, 2004, when interviewed by an authorized investigator for the Department of Defense, she possessed a Federal Republic of Yugoslavia passport that was issued June 8, 2000 and which will not expire until June 8, 2010.

Against Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

1.d

Applicant used her Yugoslav passport instead of her U.S. passport to enter and exit Serbia and Montenegro.

Against Applicant

Foreign Passport Possession or Use

Admitted

(b) failure to report, or fully disclose when required, possession of a passport or identity card issued by any country other than the U.S.

(c) failure to use a U.S. passport when entering or exiting the U.S.

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES