Summary
A 42-year-old software design engineer, naturalized as a U.S. citizen in 2002 after immigrating from Algeria, was denied a security clearance. The denial was based on Guideline B (Foreign Influence) and Guideline C (Foreign Preference).
The applicant admitted to dual U.S. and Algerian citizenship and possessed an Algerian passport issued in 2001, which he used to visit Algeria in September 2001. He stated that it "does not make sense to the Algerian consulate to deliver a visa to visite (sic) Algeria for a person born in that country." Furthermore, he was unwilling to relinquish his Algerian dual citizenship or passport as a condition of access, asserting that an Algerian citizen, even a dual citizen, is "suppose to have an Algerian passport to enter the country."
The judge found that the applicant failed to mitigate security concerns. The possession of an Algerian passport and the unwillingness to relinquish it indicated foreign preference. Additionally, the applicant's close family ties in Algeria, including a mother who is an Algerian citizen and resides with him in the U.S., raised concerns about foreign influence.
Why the Applicant Was Denied
- Applicant possesses an Algerian passport and is unwilling to relinquish it, indicating foreign preference.
- Applicant has close ties to family members in Algeria, including a mother who is a citizen and resides with him, raising foreign influence concerns.
Conditions Referenced
- E2.A3.1.2.1appliedForeign Preference Disqualifying Condition
- E2.A3.1.2.2appliedPossession And/or Use of a Foreign Passport
- E2.A2.1.2.1appliedForeign Influence Disqualifying Condition
- E2.A2.1.2.2appliedSharing Living Quarters with a Person or Persons, Regardless of Their Citizenship Status
- E2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country
- E2.A3.1.3.2appliedIndicators of Possible Foreign Preference Occurred Before Obtaining United States Citizenship
- E2.A2.1.3.1appliedA Determination That the Immediate Family Member(s) Are Not Agents of a Foreign Power
- E2.A2.1.3.3rejectedContacts and Correspondence with Foreign Citizens Are Casual and Infrequent
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedSep 16, 2005
- Answer filedUndated
- Hearing heldN/ACase decided on written record.
- Decision dateFeb 28, 2006
Cite For
- Foreign Preference Due to Possession of a Foreign Passport
- Foreign Influence Due to Close Family Ties in a Foreign Country
- Impact of Dual Citizenship on Security Clearance Eligibility