Death of spouse

R

Rube

Registered Users (C)
One of my friends married a H1-B. They applied for employment-based green-card for both. The notice date is June 02.

Unfortunately, the husband died in a car crash very recently.

What happens to the Green-Card for the wife?

Thanks much.
 
I am sorry to know.
If the Principal died then spouse is not eligible for GC as she lost the derivative base of her GC, if she is on H1 status let her start her LC process ASAP so that she can become eligible primary for GC
 
ginnu , Thanks for the info !

I heard there are some exceptions in family-based-gcs in similar situations, but don't know about employment-based-gcs.

Any other inputs are greatly appreciated.
 
Rube said:
ginnu , Thanks for the info !

I heard there are some exceptions in family-based-gcs in similar situations, but don't know about employment-based-gcs.

Any other inputs are greatly appreciated.
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----- if you have daubts go to good lawyer
 
Rube, Ginnu is right.
There are no exceptions with employment based category. It is very clear. The derivative can stand only on the primary applicant's petition.
I am really really sorry to hear the incident though.
Since she has H1, she can stay on the job and apply for LC afresh.
 
I think There was similar issue in California. Kashmir was fighting for that case. I do not know what happened. Ask Kashmir what he did. You may some kind of lead.
 
unitednations said:
I don't think this applies; but some info. for you.

There was a case where a person had died in the world trade center on 9/11 who was adjusting status with a spouse. When that person died, the spouse lost her derivative status; after some publicity from the media INS allowed her to get her greencard.
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A specific exception was made for families of those who lost their lives on 9/11. This is not available for others.
 
Rube said:
Thanks guys.

tammy2,

How I can contact Kashmir for info about what he did.
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Post the message on the CA I-485 forum. He is very active member and good person. Definitely he will give some idea.
 
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