Options for wife after death of spouse after labor clearance

[shamshersingh]

My friend recently passed away suddenly and completely unexpectedly leaving his wife and son behind. At the time of death, his labor was approved on EB2, and the wife had applied for EAD (she was on H4 visa)

 

Their son is about 5 years old and is a US citizen by virtue of being born here.

 

My friend was the sole bread earner. Since his GC processing is obviously not going to proceed any more, is there a way the wife can apply for EAD or other permission to stay here?  If not, she will have to go to India soon. My friend's employer has filed for a B2 for her so she can stay for a few months to wrap things up.

 

Some folks have suggested appealing to USCIS based on humanitarian grounds. Is that possible? Does anyone have any examples or past precedents?

 

Any inputs will be appreciated. Thank you very much.

[JoeF]

She most likely will have to leave the US.

I think humanitarian parole would be pretty much impossible here. But she should talk to a good immigration lawyer.