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Restriction on Derivative U Visas Struck Down by Ninth Circuit

Dec. 3, 2020, 8:12 PM

A regulation barring derivative visas for the spouses of U visa recipients, when the couple wasn’t yet married when the recipient first petitioned for their U visa, is unlawful, a divided Ninth Circuit said Thursday.

Maria Medina Tovar, a citizen of Mexico, entered the U.S. with her family at the age of six. When she was 12, Medina Tovar was raped. In 2013 she applied for a U visa, which grants legal status to certain noncitizen crime victims in the U.S. who assist law enforcement in their investigation of the crime.

Medina Tovar married Adrian Alonso Martinez, a citizen of...

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