Summary
The applicant, a 55-year-old first assistant engineer and naturalized U.S. citizen originally from Colombia, faced security clearance denial due to foreign preference, foreign influence, and personal conduct. His continued possession and use of a Colombian passport, along with undisclosed foreign family ties, raised significant security concerns. The applicant's failure to surrender his foreign passport or obtain approval for its use ultimately led to the denial of his clearance.
Under Guideline B (Foreign Influence), Guideline C (Foreign Preference), and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant's mother and two siblings are citizens and residents of Colombia (2.a). Applicant's daughter is a dual citizen of Colombia and the United Kingdom, a legal permanent resident of the U.S., and resides in Russia (2.b). Applicant's son is a dual citizen of Colombia and the United Kingdom, residing in the United Kingdom (2.c). Applicant failed to disclose his possession of a valid foreign passport within the last seven years (2.d). Applicant's application for, renewal of, and use of a foreign passport after becoming a naturalized U.S. citizen demonstrated foreign preference and was not mitigated where Applicant had neither surrendered the passport nor obtained formal approval for its use (1.a). He deliberately failed to disclose his possession of a valid foreign passport within the last seven years (1.b). Applicant used his Colombian passport to travel to Colombia twice in 2000 (1.c). Applicant has continued to use his Colombian passport to exit Colombia when he overstays his U.S. visa (1.d). Applicant deliberately failed to disclose that he had possessed a valid foreign passport within the last seven years (3.a).
The judge denied the clearance. The government raised disqualifying conditions DC 1, DC 2. The judge applied mitigating conditions MC 1, MC 2, MC 3, MC 4. The decision turned on the following: The applicant failed to disclose possession of a valid foreign passport within the last seven years; The applicant's continued use of a Colombian passport indicated foreign preference despite being a U.S. citizen; The applicant did not demonstrate sufficient mitigating factors regarding foreign influence from family members residing in Colombia.
Why the applicant was denied
- The applicant failed to disclose possession of a valid foreign passport within the last seven years.
- The applicant's continued use of a Colombian passport indicated foreign preference despite being a U.S. citizen.
- The applicant did not demonstrate sufficient mitigating factors regarding foreign influence from family members residing in Colombia.
Conditions referenced
- DC 1raisedPossession And/or Use of a Foreign Passport
- DC 2raisedDual Citizenship
- MC 1rejectedDual Citizenship Based Solely on BirthThe applicant's dual citizenship is based on active exercise after obtaining U.S. citizenship.
- MC 2rejectedNo Foreign PreferenceAll indicators of possible dual citizenship occurred after obtaining U.S. citizenship.
- MC 3rejectedConduct Sanctioned by the U.S.The applicant's conduct has not been sanctioned by the U.S.
- MC 4appliedWillingness to Renounce Foreign CitizenshipThe applicant expressed willingness to renounce his Colombian citizenship but did not take action.
Key rule quoted
“"Any clearance be denied or revoked unless the applicant surrenders the foreign passport or obtains official approval for its use from the appropriate agency of the United States Government."”
Procedural posture
- SOR issuedMar 30, 2005
- Answer filedApr 20, 2005
- Hearing heldNov 15, 2005
- Decision dateJun 30, 2006
Cite for
- Foreign Preference Due to Possession of a Foreign Passport Under Guideline C
- Foreign Influence Concerns Related to Family Ties Under Guideline B
- Personal Conduct Issues Arising From Failure to Disclose Foreign Passport Under Guideline E