ASISTA Practice Alert Regarding Certain U Visa ‘After-Acquired Spouse’ Cases (Feb. 11, 2021)

In December, the 9th Circuit held in Medina Tovar v. Zuchowski that certain after-acquired spouses of U visa petitioners are eligible to “accompany or follow to join” the U-1 through the I-918A petitioning process. The Court recently issued its mandate on 1/25/2021. The judgment in Medina Tovar is therefore in effect as of 1/25/2021. 

We’ve prepared this Practice Alert to help you determine what this decision means for your U visa petitioners who married after filing their I-918, but before USCIS issued a final adjudication.

ASISTA members can request case-specific technical assistance through our member portal. If you have questions on ASISTA membership, contact us at questions@asistahelp.org.