Ward v. U.S. Attorney General

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 petition under 8 U.S.C. § 1153(b)(1)(C). 1 After obtaining a visa, Ian submitted his Application to Register Permanent Residence or Adjust Status (Form 1-485) in…