Effect of brother's dual citizenship


#1

I am anxiously trying to get some insight into my situation.

I received a contingent offer with a company (contingent on me passing a top secret/sci with poly). My resume was submitted to the government and the government approved my qualifications. However, because my brother is a dual citizen, we now have to go back to the government and get another approval just for that (for the particular project that they have me slotted for).

A little background on my brother...born and raised in the United States. Got a dual citizenship with Lithuania about a year ago as a means to travel Europe freely and without restrictions. Also, my parents were born in Lithuania but came to the US when they were very young. My brother has no intent on living there and his allegiance is not split. The citizenship was a means to obtain his travel goals.

So here are my questions...

1.) considering that I am being considered for a Top Secret/SCI with poly clearance (for the National Security Agency), how much will the dual citizenship affect me?

2.) Also, why is the company that gave me the contingent offer referring to my brother as a 'foreign national' ? According to the SF86 forms, a foreign national is defined by whether or not you have a US citizenship, which he does.

3). For what reasons could I get denied this top secret/SCI with poly clearance given my brothers situation?

4.) What can I do to mitigate this situation?

Thank you in advance! I have worked very hard to get this position and am very concerned that I may lose the opportunity because of my brother's dual status. Any insight and advice would be GREATLY appreciated!!!


#2

Same answer as given to your previous post on 3/19. Go here to find the concerns and possible mitigation:
http://www.dhra.mil/perserec/adr/ADR_Version_4.pdf


#3

Thank you. I was looking for more detail and this PDF will provide more of the detail I was looking for. I will follow up with questions if I have any.


#4

So to follow up, I went through pertinent sections of the ADJUDICATIVE MANUAL and based on the definitions below, I am still trying to understand how my brother can be considered a foreign national.

In addition, for SCI access, it is required that immediate family members be US citizens, which my brother is. He was born and raised here.

So again, I am unsure as to why this is causing such a huge delay in my clearance process.

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Glossary of Citizenship Terms

Alien: Any person currently in the United States who is not a U.S. citizen or a U.S. national is an alien.
Immigrant Alien: Any person who has been lawfully admitted into the United States for permanent residence under an immigrant visa is an immigrant alien. Immigrant aliens are sometimes called green card holders, after the green card that shows they have been legally approved for residence in the United States.
Foreign National: Any person who is not a U.S. citizen or a U.S. national is a foreign national.
U.S. Citizen by Birth: This refers to any person who is entitled to U.S. citizenship at the time of birth, regardless of where the birth took place.
U.S. National: A person who is not a citizen of the United States but owes permanent allegiance to the United States is a U.S. national. This applies to certain persons born in current or former U.S. territories or possessions (e.g. Puerto Rico, Guam, Virgin Islands, American Samoa, Philippines, and Canal Zone). Whether a person born in one of these areas is a U.S. citizen, U.S. national, or foreign national
Foreign Preference Index Page
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depends upon which possession or territory, date of birth, and status of the parents. The rules can be quite complicated, especially for persons born prior to about 1950. Younger persons born in current U.S. territories are normally U.S. citizens. If there is a question, the status should be evaluated by Immigration and Customs Enforcement (ICE).
Naturalized Citizen: Any person who is granted citizenship of a country other than the country of their original citizenship at birth is a naturalized citizen.
Derivative Citizen: Any person who derives U.S. citizenship through the naturalization of a parent is a derivative citizen.


#5

You are missing the issue: Foreign Preference by an immediate family member. He may be a U.S. citizen, but he has also sought citizenship with another country and is bound to follow the laws of that country as well. ICD-704 Access to SCI says siblings must be U.S. citizens, not U.S. and other citizenship.


#6

So this basically means I am not eligible for a top secret/SCI with poly clearance then?


#7

No, it means they will look at the information you provided and take a risk management approach as to whether to grant you SCI access.


#8

Dual citizen equals foreign national for clearance purposes. Someone who takes active steps to solicit a foreign citizenship is scrutinized much more than someone who is born in a foreign country.


#9

Thank you for your replies. I will post if I have any more questions.


#10

Just to provide you an update... the government denied approving the upgrade of my clearance to TOP SECRET/SCI WITH POLY based on Foreign National Association(FNA). I was told this stuff is contract specific but unfortunately the company has no other contracts that provide sponsorship, so the contingent job offer was rescinded.