Estate of Barkat A. Khan, Deceased, Mohammed Aslam Khan, Executor - Page 19

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               Decedent lived in the United States from April of 1971 until           
          February of 1974 and from January of 1985 until December of 1986.           
          We must examine the facts to determine whether during either of             
          those periods, decedent intended to remain indefinitely.  As the            
          Supreme Court stated in Williamson v. Osenton, 232 U.S. 619, 624            
          (1914):  "The essential fact that raises a change of abode to a             
          change of domicil is the absence of any intention to live                   
          elsewhere, * * * or, 'the absence of any present intention of not           
          residing permanently or indefinitely in' the new abode."                    
          (Citations omitted.)                                                        
               After careful consideration of the entire record, we                   
          conclude that when decedent came to the United States in 1985, he           
          intended to reside here permanently.                                        
               Decedent first came to the United States in 1971 on a                  
          temporary visitor visa, and he obtained extensions that allowed             
          him to stay in the United States for almost 3 years.  He began              
          seeking a permanent resident visa at least as early as 1975 but             
          was informed that he would not be granted a permanent visa until            
          his son Aslam became a naturalized citizen of the United States.            
          In 1984, after Aslam obtained his citizenship, decedent applied             
          for and obtained a permanent resident visa.  He entered the                 
          United States on that permanent visa on January 20, 1985, and               
          immediately obtained a green card and a Social Security number.             
               Most of decedent's business and property interests were                
          located in the United States.  As early as 1976, decedent                   




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