VAWA is not only for women: how it applies to men and family members

The reality is that VAWA protects men, children, adults, and parents. It protects anyone who has been the victim of abuse by a U.S. citizen or permanent resident with whom they have a family or marital relationship.

Where the myth comes from

VAWA stands for "Violence Against Women Act." The name is historical: when it was created in 1994, it was designed primarily to protect women who were victims of domestic violence. But the law has evolved. Today, VAWA explicitly protects people of any gender, including men, young people, and non-binary individuals.

What is VAWA and what does it protect?

VAWA is an immigration protection for people who have suffered physical or mental abuse by a spouse, parent, or child who is a U.S. citizen or permanent resident. It allows you to obtain immigration status completely independently of the perpetrator, without them knowing you started the process. See our VAWA services.

Who can apply for VAWA?

Wives and husbands of citizens or permanent residents

If your spouse, regardless of whether they are a man or a woman, is a U.S. citizen or permanent resident and has engaged in physical, psychological, sexual, or economic abuse against you, you may qualify for VAWA.

Children who are victims of abuse

Children under 21 who have been victims of abuse by their citizen or resident parent can apply for VAWA independently. In some cases, adults who suffered abuse during their minority may also qualify.

Parents of U.S. citizens

If you are the parent of a U.S. citizen who has engaged in abuse against you, you may also qualify. This is one of the least known categories of VAWA and one that surprises people the most when they discover it.

How does VAWA apply to a man?

Exactly the same as for a woman. The requirements, the process, and the protections are the same. A man can file a VAWA petition if:

• His citizen or permanent resident wife has physically or psychologically abused him.
• His citizen parent abused him during childhood or adolescence.
• His citizen son or daughter has exerted violence or control over him.

Domestic abuse has no gender. Neither does the pain of living in fear in your own home. VAWA recognizes that.

Why is VAWA completely confidential?

This is the most important feature of VAWA, and the one that brings the most peace of mind to people considering applying for it.

Federal law explicitly prohibits immigration authorities from sharing information about your case with the perpetrator, with their family, or with anyone they may contact. Your process advances completely in parallel to your relationship with the perpetrator.

What benefits does VAWA provide?

• Independent immigration status: you do not depend on the perpetrator to sponsor you.
• Work authorization (EAD) to work legally in the United States.
• Protection from deportation while the case is in process.
• Path to permanent residency once you meet time and eligibility requirements.
• Access to certain public benefit programs that are normally not available to immigrants.

What if I am not sure between VAWA and the U Visa?

The key difference lies in two factors: the perpetrator and cooperation with the authorities.

VAWA applies when the perpetrator is your citizen or resident relative. The U Visa applies when you were the victim of a serious crime and can certify cooperation with the authorities, regardless of who the perpetrator was. Compare both in VAWA vs U Visa: which applies to your case?

Frequently asked questions

Can a man apply for VAWA?

Yes. VAWA applies to people of any gender. If you suffered abuse from your spouse, parent, or child who is a U.S. citizen or permanent resident, you can file a VAWA petition.

Does my perpetrator find out if I file for VAWA?

No. Federal law expressly prohibits immigration authorities from sharing information about your case with the perpetrator. Your process is completely confidential.

Do I need to divorce to apply for VAWA?

No. You can apply while married to the perpetrator. You can also apply if you already divorced, as long as the marriage qualifies and the abuse occurred during it.

Does VAWA apply if we live in different states?

Yes. The VAWA process is federal: it applies in all 50 states, regardless of which one you live in or where the perpetrator is currently located.

What happens if the perpetrator was already deported?

In some cases, even if the perpetrator was deported, you may qualify for VAWA depending on when the abuse occurred and what their status was at that time. This specific situation requires legal evaluation.