My friends mother died in usa. She was the petetioner. case was f2b. case not approved yet. Can his father take over the case?

[Rasel_Cool 22]

f2b catergory. 

 

Priority date 27th february 2017.

 

Mother  applied for him. But unfortunately  she died few days ago

 

case is not approved yet.

 

Can his father take over this case so that everything  remains same and not to start again  from the beginning and his priority date stays same.

 

pls advice

Edited May 15, 2020 by Rasel_Cool

[designguy 1,179]

I dont believe so. I think the father would need to submit his own petition for the son. Humanitarian reinstatement applies to approved I-130 forms. Whether the PD can be recaptured I am not sure

 

Edited May 15, 2020 by designguy

[RICARDO4EVA2 194]

Nothing can be done. The death of the petitioner voids the pending case  that does not have an approved form I-130. 

 

https://www.uscis.gov/green-card/green-card-eligibility/humanitarian-reinstatement

[Just Paul 4,595]

2 hours ago, Rasel_Cool said:

Can his father take over this case so that everything  remains same and not to start again  from the beginning and his priority date stays same.

No.

 

If father is the biological father, and an USC or LPR, a new petition can be submitted.   Of father is step father the age at the time of marriage would be important.

Edited May 15, 2020 by Paul & Mary