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VAWA For Men

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Video Description

The Violence Against Women Act, or VAWA, protects abused men as well as women. If you are a man who has been subject to physical abuse or extreme cruelty by your US citizen or green card holding spouse, parent, or child over 21, then you may be eligible to file for VAWA and get your work permit, travel permission, deferred action, and a ten-year green card WITHOUT them getting involved.

  • 0:00 VAWA For Men
  • 1:51 What Is VAWA & How Do You Qualify?
  • 3:37 Types Of Abuse Men Suffer
  • 5:22 How Applying For VAWA Is Different For Men
  • 7:35 Get Help With Your VAWA Case

☎️ To schedule a consultation on your case, call Moumita's office at (212) 248-7907 or reach out here

☎️ Para programar una consulta sobre su caso, llame a la oficina de Moumita al (212) 248-7907 o visite su sitio web aquí

Video Transcript

If you are a man experiencing physical abuse or extreme cruelty from your US Citizen or Legal Permanent Resident spouse ,you may be eligible to get your 10-year green card by yourself, without involving them.

The Violence Against Women Act, or VAWA, doesn’t just protect abused women—it also protects abused men, and may help you  get you a work permit, deferred action, travel permission, and a 10-year green card, which would  then allow you to apply for citizenship after three years.

And you can do all of this WITHOUT involving your spouse

My name is Moumita Rahman, I am an immigration attorney based in New York who focuses on VAWA cases, and I work with clients in all 50 states. Many of my clients are men who have suffered in their marriages, whether the marriage is a traditional marriage or a same sex marriage.

You can contact my office to schedule a consultation by giving me a call at (212)-248-7907.

Know that if you are a man experiencing physical abuse or extreme cruelty, you have just as much of a right to file under VAWA as women do, and the law is designed to protect you.

This includes same sex marriages so long as your marriage is considered legal in the country where the marriage was made

The reality is that many men stay in abusive relationships without applying for VAWA simply because they think they don’t qualify as a man, thinking they don’t qualify even though the abuse they’re experiencing is just as serious as what many women go through.

But nobody deserves to be treated that way, and you shouldn’t have to stay in a toxic marriage in order to adjust your status.

So let’s take a quick look at what VAWA is, how you qualify, and some of the unique struggles that men tend to face when they apply.

What is VAWA and how do you qualify?

So what is VAWA and how do you qualify for it?

The Violence Against Women Act was created in 1994 to protect victims of domestic violence, regardless of their gender.

Before VAWA was enacted, abused spouses were unable to petition for their own green cards, meaning their abuser held power over them and there was nothing they could do about it.

Now that VAWA is law, an abused man can apply for immigration relief through a VAWA self-petition if he can show:

  • That he was married to a US citizen or lawful permanent resident;
  • That he married his spouse in good faith;
  • That during the marriage, he was battered or experience extreme cruelty from his spouse;
  • That he resided with his spouse at least some period of time during the marriage either in the US or outside the US
  • That if he doesn’t live in the US, that some of the abuse occurred while he was in the US,
  • And that he is a person of good moral character.

Note that there are no minimums or  limits for how you prove any of these elements. For example, many immigration lawyers insist that you need a police report in order to file a successful VAWA petition, but that simply isn’t the case.

You just need to provide enough information to convince USCIS adjudicators that your VAWA claim is legitimate and credible

The types of abuse men tend to experience can be different from what women experience—some examples include:

  • Belittling, such as being told that you are nothing without them;
  • Bullying, including constant verbal attacks to get you to do what they want;
  • Threats, perhaps to take away your children, have their family harm you, or to have you deported;
  • Unfounded accusations that you have been unfaithful to them;
  • Controlling where you go and who you see;
  • Invasive behavior like reading your emails and text messages;
  • Humiliation, talking about your sexual performance or comparing you with other partners they’ve had;
  • Being demanding, such as insisting that you work unreasonable hours to support their spending habits;
  • Controlling money;
  • And withholding intimacy for power in the relationship.

And of course there is also physical abuse, such as pushing, hitting or slapping.

You don’t need to suffer an injury for violent behavior against you to be considered within the definition of battery

Even if your spouse is a woman who is much smaller than you, physical violence qualifies as domestic violence and is just as serious of an issue.

If you are subjected to any of these and can prove a pattern of abuse, chances are good you may have  a successful VAWA petition.

At the end of this video I will provide you with links to some of my other videos where I go into more detail on your petition and how to prepare a winning VAWA case, but first it’s important you understand why applying for VAWA can be different for men.

How VAWA can be different for men

When most people think of an abusive relationship, they imagine a woman as the victim and a man as the abuser, and find it difficult to reverse the roles in their head.

They don’t think men can be the victims of physical, sexual, or mental abuse, and unconsciously minimize any threats from women.

This leads to a bias that even the abused men can carry around, often making it difficult for those who are trapped in an abusive relationship to come to terms with their situation.

The result is abused men suffering without taking any action: they won’t call the police if their partner steals from them, they won’t take pictures of injuries if their partner attacks them, they won’t go to a psychologist if their partner is cruel to them.

They also will often be too embarrassed to share their experience with anyone close to them, thinking that it makes them “look weak” to reveal that they have been treated poorly by their spouse.

This can actually make filing a VAWA case more difficult. It’s not uncommon for women to share their experience of abuse with people close to them, who are then able to provide written affidavits attesting to the abuse; but when men go to file for VAWA there often won’t be anyone they confided in who can write an affidavit on their behalf.

Many immigrant men will also come from “macho” cultures that make them believe it’s their responsibility to satisfy their partner, so they will double down their efforts in an attempt to solve the problem.

But just because something is culturally acceptable doesn’t mean it’s right, and no amount of effort will save a toxic relationship.

It’s important you recognize the signs that you are in an abusive situation and start taking action now to document your treatment.

And finally, one of the other big reasons why VAWA can be different for men is because the bar to present a complete and convincing VAWA petition is sometimes a little higher for them. 

This is why you want to work with an immigration attorney who understands how to evaluate your case and confront the preconceived beliefs and issues in your VAWA petition, someone who knows how to help you collect enough evidence of your abuse even if you haven’t been carefully documenting it along the way.

If you believe you are ready to start your VAWA self-petition, you can give us a call to schedule your consultation at (212) 248-7907.

You don’t need to stay in an abusive relationship in order to get your 10-year green card and take control of your life.

You can start now and immediately get a 2-year work permit and travel permit, along with the peace of mind knowing there is nothing your spouse can do to get you deported.

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