Summary
This case involved a 25-year-old Software Engineer, a dual citizen of Nigeria and the United States, who was evaluated under Guideline B (Foreign Influence) and Guideline C (Foreign Preference). The Statement of Reasons noted that the Applicant's mother, father, and a brother are Nigerian citizens and residents, with whom he communicated monthly and on holidays. His father was a retired Nigerian Ministry of Defense civil servant over ten years ago. Additionally, the Applicant held a Nigerian passport, issued in 2000 and renewed in 2004, which he used along with his U.S. passport for travel to and from Nigeria.
Disqualifying conditions were raised under both guidelines. However, mitigating conditions were applied, leading to a favorable outcome. The Applicant renounced his Nigerian citizenship and surrendered his Nigerian passport, which demonstrated a preference for the United States.
The Applicant's family members in Nigeria were not deemed to pose a risk of foreign influence, as they were not in a position to be exploited by a foreign power. Furthermore, his contacts with his family were infrequent and casual. Ultimately, the Applicant's foreign ties were determined not to pose a security risk, and his security clearance was GRANTED.
Why the applicant prevailed
- The Applicant renounced his Nigerian citizenship and surrendered his Nigerian passport, demonstrating a preference for the United States.
- The Applicant's family members in Nigeria do not pose a risk of foreign influence as they are not in a position to be exploited by a foreign power.
- The Applicant's contacts with his family in Nigeria are infrequent and casual.
Conditions referenced
- AG ¶ 1raisedExercise of Dual Citizenship
- AG ¶ 2raisedPossession And/or Use of a Foreign Passport
- AG ¶ 1appliedDual Citizenship Is Based Solely on Parent's Citizenship or Birth in a Foreign Country
- AG ¶ 4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship
- AG ¶ 1appliedImmediate Family Members Are Not Agents of a Foreign Power
- AG ¶ 3appliedContact and Correspondence with Foreign Citizens Are Casual and Infrequent
Key rule quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural posture
- SOR issuedAug 30, 2006
- Answer filedAug 10, 2006
- Hearing heldOct 30, 2006
- Decision dateDec 29, 2006
Cite for
- Mitigation of Foreign Preference Under Guideline C
- Mitigation of Foreign Influence Under Guideline B
- Impact of Renouncing Foreign Citizenship on Security Clearance Eligibility