Summary
Applicant, a 56-year-old U.S. citizen born to Colombian parents, has lived in the U.S. for over 35 years and held a security clearance for more than 20 years. Despite having a wife who is a dual citizen and siblings residing in Colombia, he renounced his Colombian citizenship and passport. The judge found that the applicant mitigated concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), leading to the granting of his security clearance.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: Applicant's brother and four sisters are citizen residents of Columbia (2.a). He traveled to Columbia as often as twice a year from 1997 to at least 2004 (2.b). Applicant exercised dual U.S./Columbian citizenship (1.a). Applicant applied for and was issued a Columbian passport although a U.S. citizen by birth (1.b). Applicant used his Columbian passport to enter and exit Columbia from 1997 to at least 2004 (1.c). Applicant applied for and was issued a Columbian identification card in 1995 (1.d). Applicant does not intend to relinquish his Columbian passport (1.e).
The judge granted the clearance. The government raised disqualifying conditions E2.A3.1.2.1, E2.A3.1.2.2, E2.A2.1.2.1, E2.A2.1.2.2, E2.A2.1.2.6. The judge applied mitigating conditions E2.A3.1.3.1, E2.A3.1.3.4, E2.A2.1.3.1, E2.A2.1.3.4, E2.A2.1.3.5. The decision turned on the following: Applicant renounced his Colombian citizenship and returned his Colombian passport and identification card; He has lived in the U.S. for over 35 years and has held a security clearance for more than 20 years without incident; Applicant's family members in Colombia are not agents of a foreign power and he does not provide them financial support.
Why the Applicant Prevailed
- Applicant renounced his Colombian citizenship and returned his Colombian passport and identification card.
- He has lived in the U.S. for over 35 years and has held a security clearance for more than 20 years without incident.
- Applicant's family members in Colombia are not agents of a foreign power and he does not provide them financial support.
Conditions Referenced
- E2.A3.1.2.1raisedDual Citizenship
- E2.A3.1.2.2raisedPossession of Foreign Passport
- E2.A2.1.2.1raisedImmediate Family Members in Foreign Country
- E2.A2.1.2.2notedLiving with Foreign National
- E2.A2.1.2.6notedVulnerability to Coercion
- E2.A3.1.3.1appliedCitizenship Based on Parents
- E2.A3.1.3.4appliedWillingness to Renounce Dual Citizenship
- E2.A2.1.3.1appliedFamily Members Not Agents of Foreign Power
- E2.A2.1.3.4appliedPrompt Reporting of Foreign Contacts
- E2.A2.1.3.5appliedMinimal Foreign Financial Interests
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedDec 21, 2005
- Answer filedJan 13, 2006
- Hearing heldMar 23, 2006
- Decision dateApr 25, 2006
Cite For
- Mitigation of Foreign Preference Concerns Through Renunciation of Citizenship
- Mitigation of Foreign Influence Concerns Based on Family Relationships
- Consideration of Long-term U.S. Residency and Security Clearance History in Adjudication.