Summary
A 27-year-old U.S. citizen, who previously held a British National passport, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's immediate family members reside in Hong Kong, including a sister employed as a tax auditor for the Hong Kong government, a brother who is an accountant for a private commercial bank, and a grandmother who receives significant support from the sister. The applicant's father is a Hong Kong citizen but lives with the applicant in the United States.
The Statement of Reasons highlighted that the applicant held dual citizenship and had not renounced his foreign citizenship. Disqualifying conditions were raised concerning both foreign influence and foreign preference. While mitigating conditions were considered, the administrative judge ultimately found that the applicant failed to adequately address the security concerns.
The denial was based on the applicant's retention of a British National passport after becoming a U.S. citizen, which indicated foreign preference. Additionally, the applicant's immediate family ties to Hong Kong, particularly his sister's employment with the Hong Kong government, presented potential foreign influence risks. The applicant did not provide sufficient evidence of a willingness to renounce his foreign ties or passport.
Why the Applicant Was Denied
- Applicant retained a British National passport after becoming a U.S. citizen, indicating foreign preference.
- Applicant's immediate family members, including a sister working for the Hong Kong government, posed potential foreign influence risks.
- Applicant did not provide evidence of willingness to renounce his foreign ties or passport.
Conditions Referenced
- E2.A3.1.2.1appliedThe Exercise of Dual Citizenship
- E2.A3.1.2.2appliedPossession And/or Use of a Foreign Passport
- E2.A2.1.2.1appliedAn 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.A2.1.2.2appliedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status, If the Potential for Adverse Foreign Influence or Duress Exists
- E2.A2.1.2.3appliedRelatives, Cohabitants, or Associates Who Are Connected with Any Foreign Government
- E2.A3.1.3.1rejectedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign CountryApplicant's retention of the British passport after U.S. citizenship negates this condition.
- E2.A3.1.3.2rejectedIndicators of Possible Foreign Preference (e.g. Foreign Military Service) Occurred Before Obtaining United States CitizenshipApplicant's retention of the passport after becoming a U.S. citizen negates this condition.
- E2.A3.1.3.4rejectedIndividual Has Expressed a Willingness to Renounce Dual CitizenshipApplicant did not express willingness to renounce his foreign ties.
- E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power or in a Position to Be Exploited by a Foreign PowerThis condition applies to the applicant's father who resides in the U.S.
- E2.A2.1.3.2rejectedContacts and Correspondence with Foreign Citizens Are Casual and InfrequentApplicant's contact with family in Hong Kong is more than casual.
Key Rule Quoted
“The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedMar 29, 2005
- Answer filedApr 14, 2005Applicant admitted all allegations.
- Hearing held—Case decided on written record.
- Decision dateAug 26, 2005
Cite For
- Foreign Preference Due to Retention of a Foreign Passport After U.S. Citizenship
- Foreign Influence Concerns Due to Immediate Family Ties in a Foreign Country
- Failure to Mitigate Security Concerns Related to Foreign Connections.