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Guideline C: Foreign Preference

Acting in ways that indicate a preference for another country, such as exercising foreign citizenship or accepting foreign benefits.

Decided hearing cases

1,510

Grant rate

51%

766 granted · 744 denied

Specific issues and their outcomes

  • Foreign passport possession / use

    49% granted · 501 granted · 523 denied

  • Foreign citizenship acquisition / application

    47% granted · 322 granted · 362 denied

  • Failure to renounce / surrender foreign status

    46% granted · 262 granted · 311 denied

  • Foreign preference (unspecified)

    56% granted · 285 granted · 225 denied

  • Foreign benefits / education

    45% granted · 75 granted · 93 denied

  • Foreign voting

    48% granted · 79 granted · 85 denied

Mitigations judges credited most

  • Willingness to renounce foreign citizenship26
  • Surrender of foreign passport18
  • Willingness to renounce dual citizenship8
  • Passport surrendered3
  • Individual has expressed a willingness to renounce dual citizenship2

Counted only where the judge expressly credited the mitigation, not merely where it was claimed.

What the reference material says about foreign-preference cases

  • Holding dual citizenship or a foreign passport is not by itself disqualifying: "the fact that a U.S. citizen is also a citizen of another country is not disqualifying without an objective showing of such conflict or attempt at concealment." The passport-specific concerns are failing to report it and using it to enter or leave the United States. (SEAD-4, Guideline C)
  • There is no surrender-or-destroy requirement in the guideline, and DoD told contractors in 2019 that the adjudication facility will no longer routinely ask for passports to be retained or destroyed. (DSS ISL 2019-01)

From our verified reference library: paraphrased from the named sources and reviewed before publication. Descriptive background, not legal advice about any case.

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Descriptive statistics from decided public DOHA cases. Not legal advice or a prediction. † marks samples under 20 cases.