You might think the Violence Against Women Act (VAWA) only helps female survivors. This law protects survivors of all genders and backgrounds equally. Whether you identify as male, female, transgender, or nonbinary, you may be eligible for immigration relief if you have experienced abuse from a U.S. citizen or green card holder family member.
Are you eligible for immigration relief under VAWA?
You may be eligible if you are the spouse or child of an abusive U.S. citizen or green card holder. Parents may petition if their abusive son or daughter is a U.S. citizen aged 21 or older, or if the child lost or renounced their U.S. citizenship status within the past two years due to an incident of domestic violence, or died within the past two years (note that parents of abusive green card holders do not qualify).
To qualify, you must show that you have resided with the abuser at some point in the past and that you possess good moral character. If you are applying as a spouse, you must prove you entered the marriage in good faith.
Abuse under this law usually goes beyond physical violence. You might face harm even without visible injuries. These forms of harm may include:
- Controlling you emotionally or mentally
- Threatening to harm you or your loved ones
- Threatening you about your immigration status
- Controlling your money or finances
- Keeping you away from family, friends or community
LGBTQIA+ survivors might face unique challenges. Your abuser may have threatened to out you or used your identity against you. These tactics may also count as extreme cruelty under VAWA.
What evidence might support your petition?
Building your case typically means gathering proof. You may want to collect evidence such as:
- Medical records or photos showing physical harm
- Threatening messages or emails
- Statements from therapists or counselors
- Statements from witnesses
- Bank records showing limited access to money
- Your written account detailing abuse patterns
Each piece of evidence may help show what you faced. Your personal story might prove valuable in showing how different forms of abuse are connected.
Moving forward with your petition
VAWA protections generally exist for survivors of all genders. Your experience may matter regardless of stereotypes about abuse survivors. Understanding what counts as abuse and how to document it could help you take the next steps toward safety.