Under what condition can the presumption of claim abandonment be overcome?

The presumption of claim abandonment can be overcome if there are compelling reasons for the return. This acknowledges that an applicant might have had valid and significant circumstances that required them to leave the United States temporarily, but these circumstances do not negate the legitimacy and urgency of their asylum claim. Compelling reasons may include critical personal matters, such as a serious illness or death in the family, or urgent legal obligations that require their presence.

In this context, while other factors like family emergencies, employment, or the length of stay abroad might seem relevant, they alone do not constitute sufficient justification to overcome the presumption of abandonment unless they are tied to extraordinary circumstances. The requirement for compelling reasons serves to ensure that asylum applications are evaluated fairly, taking into account the applicant's serious and justifiable needs that may arise after they initially seek protection.