Dual Citizenship - Implications for Security Clearances?

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ramtajogi

Registered Users (C)
Does anybody know what the implications of being a dual citizen (USC and some other country in general and OCI in particular) on filing for and obtaining DOD security clearances?

I would also be interested in finding out if it has any adverse impact on ones ability to obtain and maintain higher level clerances e.g. SCI?
 
Of course this will cause concerns. Dual loyalty and the possibility of being coerced.

It also depends on the name of the second country. Being a Chinese citizen is very different than being a British one.
 
ramtajogi said:
Does anybody know what the implications of being a dual citizen (USC and some other country in general and OCI in particular) on filing for and obtaining DOD security clearances?

I would also be interested in finding out if it has any adverse impact on ones ability to obtain and maintain higher level clerances e.g. SCI?
Click to expand...

If you are referring to the OCI that is being issued by GoI, it is not dual citizenship and should not interfere with your DoD security clearances (you should probably mention that you have a lifelong visa to India when you apply for clearances).
 
Fitness,

I was referring to the Indian OCI. I thought it was dual citizenship. Could you clarify why you say that it is not dual citizenship?
 
OCI is not Dual Citizenship

Please see the websites of Indian Consulates. There it is mentioned clearly. Here is a quote from the NY Consulate:

4. Please note that OCI is not, repeat not Dual Citizenship. The Constitution of India does not permit the facility of holding Indian Citizenship simultaneously with a foreign citizenship[/COLOR]. The OCI holder would therefore not be eligible for the following rights in India: (i) Right to vote; (ii) Right to hold constitutional office (i.e. parliament, courts, cabinet posts, etc.); and (iii) Right to hold posts in government services sector.


http://www.indiacgny.org/php/showContent.php?linkid=384

This is also stated in many other consulate webpages.
 
The MHA website does use the term dual citizenship and in fact imposes a prerequisite that only citizens of countries allowing dual citizenship are eligible for OCI:

"The Constitution of India does not allow holding Indian citizenship and
citizenship of a foreign country simultaneously. Based on the
recommendation of the High Level committee on Indian Diaspora, the
Government of India decided to grant Overseas Citizenship of India (OCI)
commonly known as ‘dual citizenship’. Persons of Indian Origin (PIOs) of
certain category as has been specified in the Brochure who migrated from
India and acquired citizenship of a foreign country other than Pakistan and
Bangladesh, are eligible for grant of OCI as long as their home countries
allow dual citizenship in some form or the other under their local laws."
 
Exactly

Although the term "Dual Citizenship" is commonly used, it is not the case as emphasized by Indian Consulates. However, it does provide for unlimited stay in India and additional rights that may not sit well with laws of some nations. Hence only those that permit a full dual citizenship would recognize the OCI as a limited construct and well within their permissable duality.

But going back to your specific question, there does seem to be some ambiguity within the US-DOS as to how to protect a US citizen who is an OCI when they are in India & have some legal issues. The Website travel.state.gov states that "The Indian government has indicated that a person who applies for OCI status will not be required to take an oath of allegiance to India. Accordingly, at this time, it is not clear whether an OCI would legally be considered a “national” of India."

Thus, any ambiguity of status puts a US Citizen in harms way and could lead to legal issues, perhaps would not be the best situation, especially if they are prevy to some sensitive information.

IMHO, the safe way is to procure a PIO card that has limited applicability with an expiry date and in essence is a long term visa. Furthermore, it requires registry with Foreigners Registration Officer and thus it clearly classifies the individuals as foreigners. Also there is no parity with NRI in political rights.

Most importantly, there is no confusion about Duality in Citizenship.
 
sv2707 said:
Although the term "Dual Citizenship" is commonly used, it is not the case as emphasized by Indian Consulates. However, it does provide for unlimited stay in India and additional rights that may not sit well with laws of some nations. Hence only those that permit a full dual citizenship would recognize the OCI as a limited construct and well within their permissable duality.

But going back to your specific question, there does seem to be some ambiguity within the US-DOS as to how to protect a US citizen who is an OCI when they are in India & have some legal issues. The Website travel.state.gov states that "The Indian government has indicated that a person who applies for OCI status will not be required to take an oath of allegiance to India. Accordingly, at this time, it is not clear whether an OCI would legally be considered a “national” of India."

Thus, any ambiguity of status puts a US Citizen in harms way and could lead to legal issues, perhaps would not be the best situation, especially if they are prevy to some sensitive information.

IMHO, the safe way is to procure a PIO card that has limited applicability with an expiry date and in essence is a long term visa. Furthermore, it requires registry with Foreigners Registration Officer and thus it clearly classifies the individuals as foreigners. Also there is no parity with NRI in political rights.

Most importantly, there is no confusion about Duality in Citizenship.
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Do you happen to know what you gets when they issue a PIO card. I heard it is a booklet ( looks like passport ) and some kind of visa in passport. What does it says on visa stamp ?
 
ramtajogi said:
I found the following link that kind of addresses the security clearance issue, albeit from the Department of State standpoint.

http://careers.state.gov/officer/join/dualcitizen.html
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The above link is for Foreign Service. DoD has more stringent requirements on Foreign Preference (including dual citizenship) with respect to obtaining security clearance. Here are couple of links on this issue

http://usmilitary.about.com/library/milinfo/security/blforeignpref.htm

See Section 3 of
http://www.usmc.mil/maradmins/maradmin2000.nsf/0/7f457487a96f73c785256c150049e81e?OpenDocument

In general, renouncing one's foreign citizenship is necessary but may not be sufficient for obtaining DoD security clearance. Granting of security clearance is considered on a case by case basis. Those who are reluctant to renounce their non-US citizenships would save a lot of hassles by steering away from jobs that require security clearance.
 
oci and clearence can go together

OCI is not a true dual citizenship. Check this link http://www.hicomind.org.nz/OCI_Dual.htm
When you get approved for OCI, you get a permanent visa stamp in your US passport - that should not interfere with your clearence.
SCI level clearence requirements are more stringent - all your family members (parents,brothers, sisters, all-in-laws, others) have to be US citizens also. If you fulfill this requirement, you can go to this level too. Otherwise you stop at TS level.
 
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Here is the official US stand on OCI. They clearly say that OCI is not a dual citizenship, and therefore even consular protection is available in India for USCs with OCI.

http://newdelhi.usembassy.gov/acsindvisas.html

Despite mischaracterizations to the contrary, neither the PIO nor OCI program provide the holder with Indian citizenship. Thus, an American citizen who obtains a PIO Card or an OCI Card remains only a U.S. citizen, and does not become a dual U.S.-Indian citizen. For more information on this issue, please read our information on dual nationality.
 
Intent Is Keyword

Well, one thing I learned in US laws ( especially Immigration/ Citizenship matter ), the key word is INTENT.
Therefore, although the State Department says that acquiring OCI doesn't mean dual citizenship, all it comes down to what was your INTENT when you acquired OCI. So as mentioned by NJGoose in his post above, for certain level of security clearance, they not only look for dual citizenship issues but also if you have acquired any other type of legal status for any other country other than US. Acquiring OCI may put a big question for your INTENT( ambigous) to stay and serve the best interest of USA.

In some jobs , they not only ask for dual citizenship, but also has to tell if you any other legal status in any country other than USA.

My advice, if you looking for a job which require high security clearance, please DONOT go for OCI ( just because if jeopardize your INTENT).
If you want to stay in private sector ( type of job doesn't require clearance), dual citizenship is good.
 
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