VAWA Protections for Men

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Many men who are subjected to domestic violence may wonder if there are protections in VAWA for men. Despite its name, the Violence Against Women Act (VAWA) applies to anyone who is suffering from abuse or other forms of domestic violence, regardless of the person’s gender.

Additionally, the gender of the person committing the violence does not change whether someone qualifies for VAWA protection. Instead, the question is whether the person qualifies for VAWA based on their situation and the applicable eligibility criteria in VAWA, regardless of gender.

Getachew & Ansari Immigration Attorneys, P.C. is here to assist those who are being or have been harmed by domestic violence perpetrated by a United States citizen spouse, ex-spouse, child, or parent. We understand what an emotionally challenging and traumatic time this can be and how important it is for you to get to safety. We can help you apply for a visa or secure immigration status in the United States so you can establish yourself in a new, safe, and empowering environment.

Introduction to VAWA and Its Gender-Inclusive Protections

The Violence Against Women Act of 1994 provides protections for people who are being abused by a family member who is a US citizen. Ordinarily, those applying for lawful permanent resident status would need to have a family member support their application by filing a petition. For people who are the target of domestic violence, this poses a safety issue because the perpetrator may use this to abuse or coerce the applicant.

VAWA allows anyone, regardless of their gender, to seek lawful permanent resident status without having to involve their abuser. The applicant would have to prove they meet the eligibility requirements for the immigration status they are requesting, such as a Green Card.

They would also have to tell the United States government they are filing a VAWA self-petition form because of domestic violence concerns.

Can a Man File for VAWA Self-Petition?

Yes. A man can file for a VAWA self-petition if he can show that he meets the eligibility criteria.

For example, he needs to be the spouse of an abusive spouse who is a U.S. citizen or show that their U.S. citizen spouse is abusing their children. Another way for a man to be a VAWA self-petitioner is to be the parent of an abusive citizen child or the unmarried child of a spouse and be under 21. These rules include other eligibility criteria not listed here. An immigration law attorney can help people understand these and other requirements for submitting a VAWA self-petition.

Common Misconceptions About VAWA and Men

Because of VAWA’s gendered name, many people mistakenly believe it only applies to women.

However, someone can apply for VAWA protections regardless of their gender or gender identity or expression. Another misconception about VAWA is that the perpetrator needs to be a man for the target of domestic violence to qualify. Someone can apply if their abuser is a man, woman, or another gender.

Lastly, the target of domestic violence does not have to be a different gender of the perpetrator.

In other words, a man can apply if his abuser is another man, and a woman can request VAWA protections if her abuser is another woman. What matters is if the applicant meets the eligibility requirements independently, without considering gender.

Types of Abuse Covered Under VAWA

VAWA covers many different forms of domestic violence, including battery and extreme cruelty.

Battery is a legal term that might involve physical violence like hitting, kicking, slapping, punching, and intentionally tripping. Extreme cruelty might include things like severe manipulation, preventing the target from communicating with their family, verbal abuse, and coercion.

Proving Abuse as a Male VAWA Petitioner

Male VAWA petitioners can prove they were the subject of abusive practices in many ways. One way is to provide police reports, medical records, psychiatric notes, and witness statements that describe the abuse or prove abuse occurred. The applicant can also explain what happened and provide concrete details, if possible, so the government understands the extent of the abuse.

Challenges Male Victims Face in Seeking VAWA Protection

One challenge men may face as they seek VAWA protection is the shame and stigma they may experience. They may feel like they do not deserve protection or like their concerns are not valid because of their male gender. However, men deserve protection from abuse and domestic violence, and their experiences are very real and valid. If they are or feel unsafe in a situation, that is legitimate and worthy of honoring. Men equally deserve and are entitled to VAWA protection.

Another challenge is the administrative procedure for applying for a Green Card under VAWA.

The immigration process is lengthy and requires applicants to complete and submit many forms and pieces of evidence. VAWA self-petitioners may have difficulty locating and submitting the necessary information. Additionally, they may be unsure about what to expect during the VAWA immigration interview. A VAWA attorney can help the applicant with this process so they feel empowered and confident along the way.

Contact an Experienced VAWA Lawyer at Getachew & Ansari Immigration Attorneys, P.C.

VAWA for men allows male targets of domestic violence to seek a Green Card or change their immigration status without having to have their U.S. citizen relative file a petition in support.

Instead, the VAWA applicant can complete the process by submitting a self-petition, giving them greater agency and protection. The immigration process can feel confusing and daunting, especially because United States immigration laws change frequently. Many immigrants find it helpful to partner with a dedicated immigration lawyer.

Getachew & Ansari Immigration Attorneys, P.C. provides confidential and supportive legal services to men who are subjected to abuse, extreme cruelty, and other forms of domestic violence. Attorney Medya Ansari has helped hundreds of immigrants navigate the pathway to secure a visa or Green Card in the United States. She takes pride in her firm’s work connecting immigrants to legal solutions with compassion and excellence. Reach out to her team today by calling 408-292-7995 to schedule a confidential consultation to answer your VAWA self-petition questions.

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