Summary
A U.S. citizen, born in the U.K. to Nigerian parents, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The applicant's parents are citizens and residents of Nigeria, with his father retired from a Nigerian government-owned business. The applicant maintains frequent telephone contact with his parents in Nigeria. Additionally, three of his sisters are Nigerian citizens residing in the U.S. on work visas, and another sister is a Nigerian citizen residing in Canada. A disqualifying condition also arose from the applicant having paid a Nigerian immigration official approximately $20 in 1994 for assistance with immigration processing during a visit.
Under Guideline C, the applicant exercised dual citizenship with the United Kingdom and the United States, possessing a U.K. passport issued in December 1999. While he mitigated some foreign preference concerns by surrendering his U.K. passport and expressing willingness to renounce his U.K. citizenship, this was insufficient to overcome the foreign influence concerns.
The denial was primarily based on the applicant's immediate family's citizenship and residency in Nigeria, which raised significant foreign influence concerns. The applicant failed to mitigate these concerns, as his familial ties to individuals in Nigeria were deemed exploitable by foreign powers. His frequent communication with family in Nigeria indicated a strong familial obligation, leading to a vulnerability to foreign influence.
Why the Applicant Was Denied
- Applicant's parents are citizens and residents of Nigeria, raising significant foreign influence concerns.
- Applicant has familial ties to individuals in Nigeria who could be exploited by foreign powers, which the applicant failed to mitigate.
- Frequent communication with family members in Nigeria indicates a strong familial obligation that could lead to vulnerability to foreign influence.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence - Immediate Family Members Are Citizens or Residents of a Foreign Country.
- E2.A2.1.2.3raisedForeign Influence - Individual Has Close and Continuing Contact with Foreign Citizens.
- E2.A2.1.2.6raisedForeign Influence - Individual Has Engaged in Conduct That Raises Security Concerns.
- E2.A2.1.3.1rejectedForeign Influence - Immediate Family Members Are Not Agents of a Foreign Power.Applicant did not demonstrate that his family members are not in a position to be exploited by foreign powers.
- E2.A2.1.3.3rejectedForeign Influence - Contacts with Foreign Citizens Are Casual and Infrequent.Applicant's communications with family members are frequent and based on close ties.
- E2.A3.1.3.4appliedForeign Preference - Willingness to Renounce Dual Citizenship.Applicant expressed willingness to renounce U.K. citizenship.
Key Rule Quoted
“"An applicant may mitigate foreign influence security concerns by demonstrating that immediate family members are not agents of a foreign power or in a position to be exploited by a foreign power in a way that could force an applicant to choose between loyalty to the foreign associates and loyalty to the U.S."”
Procedural Posture
- SOR issuedFeb 2, 2006
- Answer filedFeb 16, 2006
- Hearing heldJul 26, 2006
- Decision dateAug 22, 2006
Cite For
- Foreign Influence Concerns Due to Familial Ties in a Foreign Country
- Mitigation of Foreign Preference Through Renunciation of Citizenship
- Impact of Frequent Communication with Foreign Family Members on Security Clearance Eligibility