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
- 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
- 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.”
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