H1b holder passed away Urgent Please Answere

R

reddymade

Registered Users (C)
My friend he passed away on sunday due to ill health.
He was on H1b visa status and his wife is on H4 visa dependent.

Question? what happens to his wife. is she suppose to go back to her country. because she has no one back in her country. her daughters both live here in USA on green card (Permanent Resident status.)

Can you please give us any information possible to keep her back here in states. Please help her she is an older woman and she cant go back to her country.

what does the law say if the H1b visa holder dies. means the h4 visa holder has to go back or is there a way they change her status while the primary visa holder dies.

Please let mke know my friends.

Thank you.
 
Unfortunately there is no way she can stay unless she can find a job with H1 sponsorship or get admission into a university immediately. Her daughters green card status does not give her any benefit.
 
she would not get any protection from any law.

atleast if she has applied i485 (adjustment of status) she might be granted premanent residency based on humanitarian reason which is again is not a law but is in the discretionary power of Attorney General.
 
If the daughters have green card status they maybe be able to apply for citizenship in 3/5 yrs after green card status obtained. Once they get that they maybe able to sponsor their mother for gc. Parents are immd. relatives so no wait for visa numbers. Provided the daughters can financial support them etc. Or if mom can get job then she maybe able to get H1.
 
RBRB

thats a different issue. first she should maintain her status lawfully to get benefit from immigration petition in the future if her daughters file petitions behalf of her.

ofcourse even if there is any gap or delay she wouldnt be penalized as its beyond her control which can be argued with good lawyer
 
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