Summary
A 67-year-old naturalized U.S. citizen, originally from the Philippines, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons cited two primary allegations: the applicant's possession of a Filipino passport and his family ties in the Philippines.
Specifically, the applicant possessed a Filipino passport after becoming a U.S. citizen, which was deemed indicative of foreign preference. Additionally, the presence of family members residing in the Philippines raised concerns regarding potential foreign influence.
The judge determined that the applicant failed to mitigate these concerns. A key factor in the denial was the applicant's inability to provide evidence of surrendering his Filipino passport, as required by the Money Memorandum. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- Applicant possessed a Filipino passport after becoming a U.S. citizen, indicating foreign preference.
- Applicant has family members residing in the Philippines, raising concerns of foreign influence.
- Applicant did not provide evidence of surrendering his Filipino passport as required by the Money Memorandum.
Conditions Referenced
- E2.A3.1.2.1raisedThe Exercise of Dual Citizenship.
- E2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport.
- E2.A2.1.2.1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
- E2.A2.1.2.8raisedA Substantial Financial Interest in a Country, or in Any Foreign-owned or -operated Business That Could Make the Individual Vulnerable to Foreign Influence.
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
- E2.A3.1.3.2rejectedIndications of Possible Foreign Preference (e.g., Foreign Military Service) Occurred Before Obtaining United States Citizenship.Disqualifying behavior occurred after U.S. citizenship was obtained.
- E2.A3.1.3.3rejectedActivity Is Sanctioned by the United States.
- E2.A3.1.3.4rejectedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
- E2.A2.1.3.5rejectedForeign Financial Interests Are Minimal and Not Sufficient to Affect the Individual's Security Responsibilities.
Key Rule Quoted
“The decision to deny a person a security clearance is not a determination of an applicant's loyalty.”
Procedural Posture
- SOR issuedDec 21, 2004
- Answer filedJan 13, 2005Applicant denied some allegations and requested a decision without a hearing.
- Hearing held—No hearing was held; decision based on written submissions.
- Decision dateNov 8, 2005
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
- Requirements for Mitigating Foreign Influence and Preference Concerns.