Status of family after death of person on E-1 visa

[iamshyam]

A friend of mine who has been in the USA for 6 years died suddenly
last week because of a heart-attack. He was here on
a E-1 visa. His green card processing is still in the
labor-certification stage.

He has a wife and 2 kids who are attending high-school out
here. What is their status now? Since they came into the US
as dependents on the primary E-1 visa, can they still stay
here? What are their options for staying back in the US and
continue the green card processing?

Any help in resolving this issue will be greatly appreciated.

Shyam

 

[billy__bob]

I'm sorry to hear about your friend.
The situation is pretty bad as it is and the current regulations do not allow the dependents to stay in the US since their status was dependent on the original visa holder. Also, the pending greencard application (probably employment based) is also not going to help your friend. The greencard process will stop from here.

They either have to get their own status as a visitor (B1/B2) or one of the employment based options by finding a sponsoring company. I suggest they consult with an attorney to ensure they remain in a valid status while working on a solution.