Ahora puede incluir a su nuevo cónyuge en su petición de visa U pendiente
Denice Flores • June 22, 2023
Click here to read this article in English
¿Tiene una petición de visa U pendiente ante USCIS? ¿Se casó recientemente y quiere incluir a su cónyuge inmigrante en su petición de visa U pendiente? No es ningún problema., podemos ayudarle con el proceso.
El 3 de diciembre de 2020, el Tribunal del Noveno Circuito de California atendió el caso Medina Tovar v. Zuchowski
y sostuvo que los cónyuges consumados con posterioridad de los solicitantes principales de la visa U (U-1) son elegibles para "unirse" o ser incluidos en la petición de visa U pendiente de sus cónyuges. El fallo de la corte cambió el requisito de USCIS, en el que debía existir una relación conyugal al momento de presentar el Formulario I-918, Petición de estatus de no inmigrante U o petición de visa U con USCIS.
Antes de esta nueva decisión, si un solicitante principal de visa U presentaba su solicitud de para este tipo de visa y luego se casaba, el solicitante principal no podía agregar o incluir a su cónyuge en la solicitud de visa U pendiente. En cambio, el solicitante principal de la visa U y su cónyuge tendrían que esperar hasta que el USCIS adjudicara la solicitud de la visa U, seguido de un tiempo de espera mínimo de 3 años (que es el tiempo mínimo que un beneficiario de la visa U debe tener el estatus de no inmigrante U), antes de ser elegible para ajustar el estado a un residente permanente legal), luego presentar la petición de ajuste de estado correspondiente para presentar el Formulario I-929, Petición para un miembro de la familia calificado de un U-1, para solicitar que su cónyuge sea incluido en el caso. Tenga en cuenta que el solicitante principal de la visa U debe haber presentado al menos su petición de ajuste de estatus ante USCIS y haber recibido avisos de recibo porque las copias de los avisos de recibo deben incluirse con el Formulario I-929. Sin embargo, Medina Tovar, reduce significativamente el tiempo de espera y el proceso.
Medina Tovar, permite a los solicitantes principales de visa U que se casan mientras su visa U ya está pendiente ante USCIS presentar el Formulario I-918 Suplemento A, Petición para miembro de la familia que califica del beneficiario U-1, para incluir a su cónyuge en la petición como familiar calificado. El solicitante principal ya no tiene que esperar para incluir a su cónyuge en la etapa de ajuste de estatus.
Si tiene alguna pregunta sobre los cónyuges consumados posteriormente en un caso de visa U y lo que esto puede significar para usted y su nuevo cónyuge, programe una consulta con uno de nuestros abogados con experiencia en el área.
Esperamos con interés trabajar con usted.
Este blog no pretende ser una asesoría legal y nada aquí debe interpretarse como el establecimiento de una relación abogado-cliente. Programe una consulta con un abogado de inmigración antes de actuar sobre cualquier información que lea aquí.
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Denice Flores
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The U nonimmigrant status (U visa) offers vital protection and legal relief to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. U visa recipients are granted a work authorization card and can live and work legally in the United States for up to four years, with a path to lawful permanent residency (green card) after having a U visa for three years. The U visa serves as a beacon of hope for survivors of crime who courageously step forward to help law enforcement while navigating their own recovery. Understanding the eligibility criteria and gathering the right documentation is essential to building a strong case. To qualify for a U visa, an applicant must meet all of the following criteria: 1. Victim of a Qualifying Crime You must have been a victim of a qualifying criminal activity , such as: Domestic violence Sexual assault Human trafficking Kidnapping Felonious assault Extortion Witness tampering Other serious offenses A full list of qualifying crimes is provided by U.S. Citizenship and Immigration Services under INA § 101(a)(15)(U). See also: https://www.uscis.gov/humanitarian/victims-of-criminal-activity-u-nonimmigrant-status . 2. Suffered Substantial Physical or Mental Abuse You must demonstrate that you suffered substantial harm as a result of the crime. This may include: Physical injuries Psychological trauma Lasting emotional distress 3. Helpful to Law Enforcement You must be, have been, or are likely to be helpful in the investigation or prosecution of the crime. This includes: Reporting the crime to authorities Cooperating with police or prosecutors Providing information that aids law enforcement efforts A law enforcement certification (Form I-918, Supplement B) is required as proof of this cooperation. 4. The Crime Occurred in the U.S. or Violated U.S. Laws The criminal activity must have: Taken place in the U.S., its territories, or possessions, and Violated U.S. federal, state, or local laws Applicants must also be admissible to the United States. If you are not, based on your immigration history, you may request a waiver using Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant) . Certain qualifying family members may be included in your U visa petition: If you are under 21 years old: Your parents, unmarried siblings under 18, spouse, and children may be eligible to apply with you. If you are 21 years or older: Your spouse and children may qualify to apply with you. Each derivative must meet specific requirements and file appropriate forms. If you have any questions or would like to know more about the U visa eligibility requirements, contact our office to schedule a consultation with one of our experienced immigration attorneys.
USCIS has a specific application that allows principal U-visa holders (U-1) to petition for family members, even after their U visa was approved. If this petition is approved, the family member can obtain lawful permanent resident (LPR) status in the United States.
If you are an elite athlete, the dream of competing and living in the United States often begins with a temporary visa, like a P-1 or an O-1A, based on an employment contract with a team or a schedule of professional competitions you will participate in. However, if you are able to truly excel and reach the top echelon of competitors in your sport worldwide, you may eventually be able to qualify for an EB-1A employment-based Green Card that grants you lawful permanent residence in the U.S. The EB-1A is highly coveted because it doesn’t require a U.S. employer to sponsor you; you can self-petition based entirely on your own merit. However, the barrier to entry is high. You must either prove a major, one-time achievement (like an Olympic medal or a World Cup title) or satisfy at least three out of ten specific regulatory criteria. If you are a forward-thinking athlete currently in the prime of your career, now is the time to start building your EB-1A playbook. Here is a breakdown of all ten criteria from a professional sports perspective, along with actionable tips to bolster your eligibility for the future. The 10 EB-1A Criteria: An Athlete’s Playbook 1. Nationally or Internationally Recognized Prizes or Awards This criterion looks for evidence of excellence in your sport. For athletes, this means trophies, medals, or individual accolades. What counts: League MVP awards, "Best Newcomer" titles, National Championship medals, or selection to an All-Star team. Regional or local club-level awards generally won't cut it. How to maximize your chances: Never throw away a program booklet, medal certificate, or official league announcement. If you win an award, request a formal letter from the league or federation confirming the criteria for the award, how many athletes competed for it, and why you stood out. You are already striving for excellence in your career, to maximize the impact of these awards on your potential EB-1A eligibility, be prepared to document them as fully as possible. 2. Membership in Elite Associations USCIS looks for memberships in organizations that require outstanding achievements of their members, as judged by recognized national or international experts. What counts: Selection to a National Team, an invitation-only elite training pool, or membership in a prestigious international sports federation with strict performance entry barriers. A basic club membership, or membership in a players’ union for all players in your league is unlikely to move the needle here. How to maximize your chances: Actively pursue national team call-ups or qualify for top-tier athletic federations. Keep copies of the official selection criteria for these organizations to prove that entry is based strictly on elite athletic performance, not just paying a membership fee. 3. Published Material About You in Major Media This involves press coverage detailing your athletic career, your achievements, and your impact on the sport. What counts: Feature articles, profile pieces, and match reports in major media outlets (e.g., ESPN, Sky Sports, major national newspapers, or highly regarded websites that cater to your specific sport). How to maximize your chances: Don't shy away from the press. When journalists ask for interviews, take them. Make sure that video interviews or other video-based features include a written text element as well. Crucially, maintain a digital press portfolio . Save screenshots, URLs, and physical copies of print articles. Track the circulation or web traffic metrics of the publications featuring you to prove they qualify as "major media" - they will need to average at least 3,000 viewers or subscribers per month. 4. Participation as a Judge of the Work of Others This criterion requires you to have evaluated the performance of other athletes or professionals in your field. What counts: Serving as a licensed referee or umpire at high-level competitions, acting as a technical judge at a national tryout, or being invited to sit on a selection panel for a prestigious youth draft combine. How to maximize your chances: As you gain seniority in your sport, accept invitations to judge. Offer to serve as a panelist or evaluator for academy tryouts, state tournaments, or specialized sports combines. Ensure your participation is documented with official invitations and judging schedules. 5. Original Contributions of Major Significance to the Sport This means you have introduced something to your sport that has shifted the way the game is played, trained, or analyzed. What counts: Developing a brand-new training methodology or tactical system that is widely adopted by other clubs, setting a long-standing national or international record, or introducing a new technique to your sport such as a new grappling hold in combat sports or a new putting technique in golf. How to maximize your chances: If you innovate a specific technique or coaching program, document its widespread impact. Secure testimonial letters from independent coaches, sporting directors, and analysts testifying to how your unique contribution has materially advanced the sport. 6. Authorship of Scholarly Articles This requires writing deeply technical or academic pieces for major professional or trade publications. What counts: Publishing tactical breakdowns in recognized coaching journals, writing a column for a sports science publication, or authoring an authoritative textbook on modern athletic training. 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When you leave a club or team, secure a letter from the head coach, general manager, or sporting director detailing exactly how your specific presence and leadership directly caused the organization's success or ranking surge. 9. High Salary or Significantly High Remuneration This requires proving that your compensation is substantially higher than what the average athlete in your sport and country earns. What counts: Playing contracts, performance bonuses, endorsement deals, and prize money that place you in the top tier of earners in your league or nation. How to maximize your chances: Keep meticulous financial records. Save all player contracts, prize money receipts, and tax returns. Work with your immigration attorney to gather objective labor data (like national statistics or league averages) to clearly demonstrate that your income dwarfs the baseline average for your profession. 10. Commercial Successes in the Performing Arts For athletes, this criterion is increasingly satisfied through the modern commercialization of sports, specifically focusing on box office draws and merchandise. What counts: Major pay-per-view (PPV) draws in combat sports or extreme sports, ticket sales or attendance spikes directly attributed to your presence, or substantial jersey/merchandise sales carrying your name. How to maximize your chances: Work closely with your agency, club, or promotion to track your commercial impact. Request data regarding streaming viewership peaks during your matches, box office revenue for events you headlined, or official merchandise sales reports. As with each criteria, the more objective support materials you can provide, the stronger your argument becomes. Summary: Building Your EB-1A Timeline The EB-1A Green Card requires extraordinary ability by its very name; planning and preparation alone cannot manifest eligibility if you are not an outstanding athlete in your chosen sport. But for those high achieving athletes who may wish to pursue this desirable pathway to lawful permanent residency, being proactive early in your career can make all the difference. By understanding these criteria today, you can make intentional career choices that pay off down the road. Treat your visa strategy like your training regimen: consistency, documentation, and aiming for the highest platforms will ultimately secure your win. If you think you may qualify for an EB-1A visa on the basis of your athletic talent, please contact our office and we would be happy to help guide you through this complex but rewarding process.
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For many of our clients, premium processing has long felt less like a luxury and more like a necessity. Whether it's an artist with a tour date, a startup founder with investors waiting, or an executive whose H-1B extension is tied to a project deadline, the ability to get a USCIS decision in fifteen business days has been a cornerstone of business and entertainment immigration planning. But 2026 has brought meaningful changes. On March 1, 2026, USCIS implemented a new round of premium processing fee increases under the biennial inflation adjustment authorized by the USCIS Stabilization Act. With fees now climbing across every eligible form, employers, foreign nationals, and their counsel are asking a fair question: at these prices, is premium processing still worth it? The short answer is: often yes but no longer always. Here is what has changed, what hasn't, and how to think strategically about your filings this year. What Premium Processing Actually Buys You Premium processing is an optional, fee-based service that obligates USCIS to take action on a qualifying petition or application within a defined window. "Action" does not necessarily mean approval USCIS may issue an approval, a denial, a Request for Evidence (RFE), a Notice of Intent to Deny, or open an investigation. But it must do something within the guaranteed timeframe, or refund the premium fee. The current adjudication windows are: 15 business days for most Form I-129 nonimmigrant petitions (including H-1B, L-1, O-1, P-1, TN, and E-3) and most Form I-140 employment-based immigrant petitions 45 business days for Form I-140 petitions in the EB-1C (multinational executive/manager) and EB-2 National Interest Waiver (NIW) categories 30 business days for eligible Form I-539 change-of-status applications and Form I-765 applications for F-1 OPT and STEM OPT employment authorization When USCIS issues an RFE, the clock pauses and restarts only when the agency receives the response, a detail that surprises many petitioners and is worth planning around. The 2026 Fee Increases at a Glance The Department of Homeland Security's final rule, published in the Federal Register on January 12, 2026, raised premium processing fees by an average of roughly 5.7 percent based on inflation between June 2023 and June 2025. Any Form I-907 postmarked on or after March 1, 2026, must include the updated fee, or USCIS will reject the filing outright.
