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CA9 (En Banc) on U Visas: Medina Tovar v. Zuchowski

December 03, 2020 (1 min read)

Medina Tova v. Zuchowski

"On de novo review, Herrera v. USCIS, 571 F.3d 881, 885 (9th Cir. 2009), we hold that 8 C.F.R. § 214.14(f)(4) is not a permissible interpretation of the governing statute insofar as it requires that spouses be married when the Form I-918 is filed, rather than when the principal petition is granted. ... Plaintiffs were married by the time Medina Tovar was granted a U visa on October 1, 2015. As of March 29, 2016, when Medina Tovar petitioned for derivative U-visa status, her husband was entitled to receive a U visa if he otherwise met the requirements."

[Hats way off to Nicole Nelson and Phil Smith!]