A043 144 667211() waiver.
See Matter Huang
19 &N Dec. 749, 754 (BIA 1988);
15I&N Dec. 25, 26 (BIA 1975). owever, he DS may ret this presption if itdemonsates y cear, neqivocal, and convincing evidence that the respondent adoned hisawl permanent resident stas (.J at 2).
alien intended toaandon law peanent resident stats reqires an examination of he dration ofhis asence, he location of his famiy ties, property hodings, and jo, his pose in deparing om heUnited States, wheher his visit aroad cold have een expected to terminate wtn a relativelyshort period of time, and wheer that teination date was xed y some early event.
SeeMater Huang upra
Matter Kane upra
at 26263. Considering these ctors, weaee wth the Immiation Jdge hat e DHS sstained its urden of estalishing at herespondent aandoned his lawl peanent resident stas.irs, he respondent was asent om the United States and lived in he Dominican Replicr a continos perod of nearly 4 yeas (i.e., om ctoer 2007 to Jy 2011) (.J. at 8, 13).While sch a time perod is not dispositive to or inqiry, we aee wih the mmiation Jdgethat e respondents lengthy asence is siicant evidence of his intention to aandon lal peanent resident status.
See Maer Huang upra
at 755. Next, the respondent contends that he Immiation Jdge iled to consider e ct at hedid not re "immediately to e US [r] reasons] eyond his conol (Respondents Br. at 4).e respondent claims tat he depaed r e Dominican Replic to oan a Masters ofBsness Adminisation deee ecase his terwho aeed to pay r his schoolingwastere and tition was more aordale in hat cony (r. at 2122; Respondents Br. at 2).
Matter Kane upra
at 263, we acnowledged at an aliens lengthy asence om enited States shold not e consed as evidence of an aandonment of lawl resident stas where the delayed re was an navoidale conseqence of nreseen crcmstances, "so ongas te aien contined to intend to re as soon as is orgina prpose w competed. ere, even presming tat e respondent initiay intended to re to teUnited States (i.e., to contine te company e incoorated in Perto Rco on ctoer 1,2007) aer accompishing his edcationa goal, we see no cear eor in the Immigation Jdgesnding that he continued to work in the Dominican Replic r 2 years aer otaining hisdeee (.J. at 6). ndeed, the respondent's decision to seek gainl empoyment in his ther's siness
e Dominican Replic, aer gradating in Janary 2009, coped wi e ct that he raveled to varios contries r worknot incding e nited Statesoes not sggestthat he ntended to re to the United States om a tempory visit aroad (.J. at 67, 910r. at 23, 5556). o the extent tat the respondent sggests at he was prevented omreing to te nited States sooner ecase e was waiting r a nancia donation om histher in order to er his siness in Pero Rico, he has shown no clear eor in emmiation Jdges nding that "tere was no specic time r [his] er to provide tedonation that he claimed to e waiting r (.J at 7; r. at 5657, 8082; Respondent's Br. at 2).er, e respondent as not addressed the mmigration Jdges nding that no corooration was oered to show that his re to e United States was somehow contingent on the donationom his ther (.J. at 78, 131). erere, we nd that the exception of "reseencircmstces does not apply to the respondent as he did not contine to intend to re to eUnited States.
("e visit aroad shold e expected to tenate wihin a perodreatively shor, xed y some ealy event, and [i]f nreseen circmsances case annavoidae delay
reing, te ip wold reain is temporary character, so long e aien2
Cite as: Oliver Garcia Guzman, A043 144 667 (BIA Aug. 20, 2013)