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Immigration Law

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

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!]