If you are a man who has been abused by a spouse, partner, or family member who is a United States citizen or permanent resident, you have immigration options that many people in your situation do not know exist. The Violence Against Women Act has protected immigrant survivors of abuse since 1994, and despite its name, the law applies equally to men. A police report is not required, although one may strengthen some cases when available. You do not need your abuser’s cooperation. Federal law generally prohibits USCIS from notifying your abuser or disclosing information about your petition except in the limited circumstances authorized by law. At Getachew & Ansari Immigration Attorneys, P.C., we help survivors of all genders in San Jose and throughout the Bay Area understand their legal rights.
Yes, Men Can File Under VAWA
The Violence Against Women Act is gender-neutral under federal law. The Immigration and Nationality Act, which is the statute that governs VAWA self-petitions, does not restrict eligibility based on the gender of the petitioner. USCIS confirms that abused spouses, children, and parents of U.S. citizens and lawful permanent residents may self-petition under VAWA regardless of gender. Same-sex relationships are also covered.
Men who are being abused by a female U.S. citizen or permanent resident spouse, a male U.S. citizen or permanent resident spouse, or a U.S. citizen adult child all have the same legal right to file Form I-360 as any other survivor. The name of the law does not change what the statute actually says.
The Basic Eligibility Requirements Are the Same for Everyone
To file a VAWA self-petition, the requirements are the same regardless of your gender. You must be able to show:
- A qualifying relationship to your abuser, meaning your abuser is a U.S. citizen or lawful permanent resident spouse, former spouse, parent, or adult child
- That you entered the marriage in good faith, if you are filing as a spouse
- That you resided with the abuser at some point during the qualifying relationship
- That you were subjected to battery or extreme cruelty during that relationship
- That you are a person of good moral character
You do not need to be in valid immigration status to file. You do not need to have a police report or a restraining order. And you do not need to have already separated from the abuser. Many survivors file while still in the relationship because leaving is not always immediately safe.
Our firm’s VAWA immigration page covers the full process in detail, including what happens after a petition is approved.
What Counts as Abuse Under VAWA
One of the most common reasons male survivors do not file is the belief that their experience does not rise to the level of abuse that VAWA covers. Physical violence is not required. VAWA recognizes battery and extreme cruelty, and extreme cruelty includes a wide range of controlling behavior beyond physical harm:
- Â Â Â Psychological abuse, threats, and intimidation
- Â Â Â Isolation from family, friends, or community
- Â Â Â Using your immigration status as a tool of control or threat
- Â Â Â Economic coercion, including controlling access to money or employment
- Â Â Â Sexual abuse or coercion
- Â Â Â Threatening to take away your children or report you to immigration authorities
- Â Â Â Verbal degradation and humiliation
The December 2025 USCIS policy update added an important qualifier: conduct that is hurtful or upsetting but limited in severity, and that does not reflect a pattern of power and control, may not meet the threshold for extreme cruelty on its own. USCIS evaluates the full context of the relationship, including the motivation behind the conduct and the impact on the petitioner. A consistent pattern of controlling behavior carries more weight than isolated incidents, even serious ones.No single factor determines whether conduct constitutes extreme cruelty. USCIS evaluates the totality of the circumstances.Â
For male survivors, psychological and economic abuse are often the primary forms. Many abusive partners use immigration status as a lever, threatening to withdraw sponsorship or report their partner to immigration authorities. This is recognized as abuse under VAWA.
What the Current USCIS Environment Means for Your Case
USCIS evaluates each VAWA self-petition based on the statutory requirements and the evidence submitted. Eligibility does not depend on gender, and each case is reviewed on its own facts and documentation.
The context for filing in 2026 is worth understanding. On December 22, 2025, USCIS published an official announcement reporting that Form I-360 VAWA self-petitions had increased by approximately 360 percent between fiscal years 2020 and 2024, and that male self-petitioners had increased by 259 percent over the same period. In that same announcement, USCIS described these trends as “alarming and unprecedented” and stated that the increases had prompted the agency to update its guidance and tighten evidentiary standards to address program integrity concerns.
The legal eligibility requirements did not change. What changed is how USCIS evaluates the evidence in every petition. The updated standards apply to all VAWA filers regardless of gender. For any petitioner, a well-documented case with clear, specific, and credible evidence across every required element is more important now than it was before the December 2025 guidance took effect.
If you are a male survivor with a genuine case, that case can and should be filed. Thorough preparation is the right response to a more demanding review process.
What Evidence to Submit With Your VAWA Self-Petition
Building a strong VAWA petition requires organized, credible documentation that spans the full duration of the relationship. USCIS is looking for evidence that tells a consistent and specific story, not a file assembled at the last minute.
Evidence of the abusive relationship can include:
- Â Your personal declaration describing the relationship and the abuse in specific, chronological detail
- Affidavits from people who witnessed the abuse or observed its effects, such as family members, friends, neighbors, coworkers, or clergy
- Records from medical providers, therapists, or counselors documenting injuries or psychological impact
- Text messages, emails, or voicemails in which the abuser made threats or engaged in controlling behavior
- Photographs of injuries or of evidence of the relationship
- Records from domestic violence hotlines, shelters, or advocacy organizations you contacted
- Records of any protective orders, even if later dismissed or not pursued
Evidence of the qualifying relationship includes:
- Marriage certificate if filing as a spouse
- Joint financial records, lease agreements, or other documentation showing cohabitation during the relationship
- Documents showing the abuser is a U.S. citizen or lawful permanent resident
Your personal declaration is one of the most important documents in the file. A detailed and specific declaration supported by available evidence helps USCIS evaluate the petition. Vague or brief declarations carry less weight under the updated guidance. The declaration should describe the relationship, the pattern of abuse, the specific incidents you experienced, and the impact the abuse had on you.
Challenges Specific to Male Survivors and How to Address Them
Male survivors of domestic abuse face barriers that are different from those faced by women in similar situations. Some of these barriers affect the documentation available for a VAWA petition.
Stigma is one. Many men do not report abuse to the police, do not seek medical treatment, and do not tell friends or family about what they are experiencing. This means that by the time they file a VAWA petition, the contemporaneous records that make a petition strongest, such as medical records, police reports, and witness statements, may not exist.
The absence of official reports does not disqualify you. USCIS accepts any credible evidence, and personal declarations supported by witness affidavits can carry a petition even without police involvement. What matters is the credibility and specificity of the evidence you do submit.
Economic control is another common issue. Abusive partners sometimes keep the abused spouse off bank accounts, prevent them from working, or maintain sole control over finances and housing. This can make it harder to show cohabitation or a shared life through joint financial records. Alternative documentation, including affidavits, shared mail, and any records that do exist, can help establish what the financial record alone does not show.
Social isolation is a third factor. Abusive partners often cut off their partners from family and community. If your abuser controlled your social relationships, you may have fewer witnesses available to submit affidavits. This does not disqualify you, but it makes thoughtful construction of the evidence package more important.
Same-Sex Relationships and VAWA
VAWA covers same-sex relationships. If you are a man who was abused by a male spouse or partner who is a U.S. citizen or lawful permanent resident, you have the same right to file a VAWA self-petition as any other survivor. Sexual orientation does not affect eligibility.
The eligibility requirements are identical: a qualifying relationship, good-faith marriage, cohabitation during the relationship, battery or extreme cruelty, and good moral character. The evidence you submit follows the same framework as any other spousal self-petition.
What the December 2025 Policy Update Changed
On December 22, 2025, USCIS published Policy Alert PA-2025-33, which updated Volume 3, Part D of the USCIS Policy Manual governing VAWA self-petitions. A full breakdown of those changes is covered in our article on VAWA immigration after the 2025 policy changes. The updates most relevant to any VAWA self-petitioner, regardless of gender, include:
- The cohabitation requirement is now specifically tied to the period of the qualifying relationship, meaning shared residence before the marriage began does not satisfy the requirement on its own
- Good-faith marriage should be supported with the strongest available evidence, including joint financial records, lease or mortgage documents, insurance policies, photographs, correspondence, affidavits, and other credible documentation. USCIS evaluates all credible evidence submitted.Â
- Good moral character affidavits that lack detail and specificity may receive less weight, requiring corroborating documentation
- The updated guidance provides additional direction regarding how USCIS officers evaluate the credibility, sufficiency, and weight of evidence submitted with VAWA petitions.Â
These changes apply to all petitions filed or pending on or after December 22, 2025. If you filed before that date and your case has not yet been decided, the updated standards apply to your petition as it stands today.
Confidentiality: Your Abuser Will Not Be Notified
Federal confidentiality protections generally prohibit USCIS from disclosing to your abuser that you have filed a self-petition. Under 8 U.S.C. 1367, USCIS may not contact your abuser about the case or share information from your petition with them. These protections apply throughout the process.
You can list a safe mailing address on your petition that does not need to be your home address. All USCIS correspondence will go to that address. If your address changes after you file, USCIS has a procedure for updating it safely.
Many male survivors hesitate to file because they are worried about retaliation or because they are still living with their abuser. The confidentiality protections in VAWA exist specifically to address that concern.
Frequently Asked Questions
Can a man qualify for VAWA without ever calling the police?
Yes. A police report is not required. USCIS accepts any credible evidence of the abuse, including personal declarations, affidavits from witnesses, medical records, photographs, and records of contact with domestic violence organizations. The absence of a police report is not treated as evidence against you.
Can I file a VAWA self-petition if I am still living with my spouse?
Yes. You are not required to have left the relationship before filing. USCIS understands that leaving is not always immediately possible or safe. Many survivors file while still in the relationship. Filing does not require that you have already separated from your abuser.
Can same-sex spouses file VAWA petitions?
Yes. VAWA is gender-neutral and covers same-sex relationships. A man abused by a male spouse who is a U.S. citizen or lawful permanent resident has the same right to file a VAWA self-petition as any other survivor. Sexual orientation does not affect eligibility.
Will USCIS tell my spouse I filed?
Federal law at 8 U.S.C. 1367 generally prohibits USCIS from disclosing to your abuser that a VAWA self-petition has been filed. You can provide a safe mailing address and USCIS will use that address for all correspondence. Your abuser will not receive notice of your filing through USCIS.
Contact an Experienced VAWA Attorney at Getachew & Ansari Immigration Attorneys, P.C.
Abuse does not have a gender. And the legal protection that VAWA provides does not either. If you are a man living in an abusive relationship with a U.S. citizen or permanent resident and you are worried about what your immigration status means for your options, there is a path forward that does not depend on your abuser’s cooperation or goodwill.
At Getachew & Ansari Immigration Attorneys, P.C., we understand how personal and difficult this situation is. Attorney Medya Ansari immigrated to the United States herself and brings both legal experience and genuine personal understanding to every client she represents. We work with survivors of all backgrounds and genders, and we approach every case with the care and discretion it deserves.
Thorough documentation and careful preparation can help present the strongest possible petition. We serve clients wordwide in San Jose and throughout the Bay Area in English, Amharic, Spanish, Dari, and Farsi. Call us today at (408) 292-7995 or visit our contact page to schedule a confidential consultation.
