WARD v. U.S. ATTY. GEN.

No. 09-11349.

608 F.3d 1198 (2010)

Susan WARD, Gavin Ward, Plaintiffs-Appellants, v. U.S. ATTORNEY GENERAL, Secretary, Department of Homeland Security, Emilio T. Gonzales, Commissioner of the U.S. Citizenship & Immigration Services, Evelyn Upchurch, District Director of the Texas Regional Service Center of the USCIS, Jeff Gorsky, Advisory Opinion Office, U.S. Department of the State Visa Office, National Visa Center, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 2, 2010.


Attorney(s) appearing for the Case

James R. LaVigne, LaVigne Coton & Associates, P.A., Orlando, FL, for the Wards.

Gisela A. Westwater, U.S. Dept. of Justice, CIV/OIL, Washington, DC, Judy K. Hunt, Asst. U.S. Atty., Tampa, FL, for Defendants-Appellees.

Before BIRCH, BARKETT and KRAVITCH, Circuit Judges.


PER CURIAM:

The Immigration and Nationality Act permits children who reside abroad to derive the same immigrant visa status as a parent who is the primary beneficiary of an employment-based visa petition. In this case, we must decide whether the death of a primary-beneficiary parent extinguishes his child's right to his status. We hold that it does.

I. Background

Ian Ward, a British citizen, was the primary beneficiary of an employment-based...

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