Summary
The applicant, a 44-year-old test technician and naturalized U.S. citizen, sought a security clearance despite concerns regarding foreign preference and influence due to his recent reclamation of dual citizenship with his country of birth for potential educational benefits for his children. The judge found that the applicant's actions demonstrated a primary allegiance to the United States, and he expressed a willingness to renounce his foreign citizenship if necessary, leading to a favorable decision.
Under Guideline B (Foreign Influence) and Guideline C (Foreign Preference), the Statement of Reasons alleged the following: An 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 (2.a). An 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 (2.b). The applicant has exercised dual citizenship by reclaiming his foreign citizenship to obtain possible future educational benefits for his children (1.a).
The judge granted the clearance. The government raised disqualifying conditions C1, B1. The judge applied mitigating conditions C4, B1. The decision turned on the following: The applicant demonstrated a primary allegiance to the United States through his long-term residence and employment in the U.S; He expressed a willingness to renounce his foreign citizenship if required for the security clearance; The applicant's immediate family members in the foreign country do not pose an unacceptable security risk.
Why the Applicant Prevailed
- The applicant demonstrated a primary allegiance to the United States through his long-term residence and employment in the U.S.
- He expressed a willingness to renounce his foreign citizenship if required for the security clearance.
- The applicant's immediate family members in the foreign country do not pose an unacceptable security risk.
Conditions Referenced
- C1raisedExercise of Dual Citizenship
- B1raisedImmediate Family Members Are Citizens or Residents of a Foreign Country
- C4appliedWillingness to Renounce Dual Citizenship
- B1appliedFamily Members Do Not Constitute an Unacceptable Security Risk
Key Rule Quoted
“Under the provisions of Executive Order 10865 as amended and the Directive, a decision to grant or continue an applicant's clearance may be made only upon an affirmative finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedDec 4, 1997
- Answer filedDec 18, 1997
- Hearing heldFeb 24, 1998
- Decision dateApr 20, 1998
Cite For
- Mitigation of Foreign Preference Concerns Under Guideline C
- Mitigation of Foreign Influence Concerns Under Guideline B
- Willingness to Renounce Dual Citizenship as a Mitigating Factor