Summary
A security clearance was granted to an applicant who was a dual citizen of the United States and a foreign country (FC), despite concerns raised under Guidelines B (Foreign Influence) and C (Foreign Preference). The applicant's dual citizenship stemmed from his birth in FC and subsequent naturalization in the U.S. He also possessed an FC passport, obtained in 1991, which he used exclusively for the legal necessity of adopting his daughter.
The Statement of Reasons highlighted that the applicant's mother, father, daughter, and two sisters were FC citizens, with his parents and two sisters residing in the U.S. as permanent residents or on conditional permits. His parents, in their mid-70s, had not obtained U.S. citizenship due to age and language barriers. A third sister, initially an FC citizen residing in another European country, had renounced her FC citizenship and was preparing to move to the U.S. with her family, who had received green cards. The applicant provided financial and settlement assistance to his family in the U.S., all of whom were seeking U.S. citizenship, employment, or education.
The judge determined that the applicant's ties to FC did not pose a security risk. Key mitigating factors included that his dual citizenship was solely a result of birth and naturalization, his FC passport use was limited to his daughter's adoption, and he expressed a willingness to renounce his FC citizenship if required. Ultimately, the security clearance was granted.
Why the applicant prevailed
- The applicant's dual citizenship was based solely on his birth in FC and his naturalization in the U.S.
- The applicant's use of the FC passport was solely for legal purposes related to the adoption of his daughter.
- The applicant expressed a willingness to renounce his FC citizenship if necessary.
Conditions referenced
- E.2.A3.1.2.1raisedExercise of Dual Citizenship
- E.2.A3.1.2.2raisedPossession And/or Use of a Foreign Passport
- E.2.A3.1.3.1appliedDual Citizenship Is Based Solely on Parents' Citizenship or Birth in a Foreign Country.
- E.2.A3.1.3.4appliedIndividual Has Expressed a Willingness to Renounce Dual Citizenship.
- E.2.A2.1.3.1appliedImmediate Family Members Are Not Agents of a Foreign Power.
Key rule quoted
“"When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide information or make decisions that are harmful to the interests of the United States."”
Procedural posture
- SOR issuedAug 9, 1999
- Answer filedAug 13, 1999
- Hearing heldSep 30, 1999
- Decision dateNov 1, 1999
Cite for
- Mitigation of Foreign Preference Due to Legal Necessity in Adoption
- Consideration of Familial Relationships Under Foreign Influence
- Willingness to Renounce Dual Citizenship as a Mitigating Factor