- 19 -
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
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: May 25, 2011