A VAWA green card lawyer is often asked whether men can apply, and the answer is yes. USCIS states clearly that VAWA applies equally to male and female victims. A person abused by a U.S. citizen or green card holder spouse who qualifies can file the I-360 on their own, without the abuser's consent or cooperation and without the abuser's knowledge. The information below is current as of November 6, 2026.
Your safety comes first. If you are in danger now, call 911. The National Domestic Violence Hotline: 1-800-799-7233, open 24 hours a day, every day; you can also text START to 88788. If you are worried that your phone or computer is being monitored by the other person, read this and make contact from a safe device.
Who Can Apply
- The spouse or former spouse of a U.S. citizen or green card holder, including a qualifying "intended spouse."
- The child of a U.S. citizen or green card holder, who must be unmarried and under 21.
- The parent of a U.S. citizen who is 21 or older.
A spouse may also apply because a child was abused by the other spouse. The requirements for male applicants are the same as for women.
What You Must Show
- A qualifying family relationship with the abuser; a spouse must show the marriage was genuine.
- You were battered or subjected to extreme cruelty during the relationship.
- You lived with the abuser at some time during the relationship. You do not need to live with them now.
- You have good moral character.
Abuse is not limited to physical injury. The regulations cover violence or threats that cause physical or mental injury, including psychological and sexual abuse, and a pattern of conduct such as control and isolation may also qualify. Ordinary arguments or hurtful behavior are usually not enough to count as "extreme" cruelty. Finding it hard to talk about, or having no visible injuries, is not a reason to skip an assessment.
Can I still apply after a divorce
If you are already divorced, you must file within 2 years after the marriage ended and show that the divorce was connected to the abuse. There is no room for an extension or waiver of this deadline. Remarrying before a final decision on the petition may also cost you eligibility. Divorcing after filing generally does not affect the petition.
If you hold a 2-year conditional green card and have been abused, you may also consider applying for an I-751 waiver on that basis. For the basic rules on conditional green cards, see Marriage Green Card Lawyer: Process, Documents and Interview Preparation.
How to prepare the evidence
USCIS considers all credible evidence, and having no police report does not mean you cannot apply. Common materials include:
- Your own detailed statement, setting out events in chronological order.
- Police reports, protective orders and court documents.
- Medical records, psychological evaluations and shelter records.
- Photos, text messages, emails and voicemails, kept somewhere the other person cannot reach.
- A marriage certificate and evidence of living together and of a genuine marriage.
- Evidence of good moral character, such as a certificate showing no criminal record.
- Statements from people who know what happened.
Confidentiality and Fees
Federal law (8 U.S.C. §1367) limits government personnel from disclosing information about VAWA applicants and also limits adverse decisions based solely on information provided by the abuser. But this protection has statutory exceptions, such as use in law enforcement, court review or with your consent, and it does not mean absolute confidentiality. A safe mailing address can be entered on the I-360, and USCIS will also send the interview notice to that address. USCIS states that a petition can be filed without the abuser's knowledge, but this cannot guarantee that the other person will never find out. Mail at home, shared accounts, phone location tracking and documents from other cases such as divorce or custody can all reveal information, so discuss safety arrangements with your lawyer ahead of time.
Currently the I-360 fee for a VAWA self-petition is $0, and the corresponding I-485 fee is also $0. The I-360 filing address was changed in October 2026, so follow the USCIS website.
An approved I-360 does not mean you have a green card; other requirements must still be met before you can apply. An applicant without lawful status should assess the risks and the later procedure before filing.
Contact us
You can tell us about these experiences when you feel safe, and you can decide the timing and method of communication. Lu Xin Law Offices is located at 36-09 Main Street, Suite 5-D5, Flushing, New York. Our responsible attorney, Michael R. Curran, is licensed in New York and New Jersey. Immigration is a federal matter, and representation in out-of-state cases is arranged under the applicable practice rules and the scope of the engagement. To speak with a VAWA lawyer, VAWA green card lawyer or domestic violence green card lawyer about your situation, call 347-618-3386. Our services are described in Immigration Legal Services.
FAQ
Can men apply under VAWA?
Yes. USCIS states clearly that VAWA applies equally to male and female victims. The requirements for male applicants are the same as for women.
Do I need the abuser's consent?
No. If you qualify, you can file the I-360 yourself without the abuser's consent or cooperation. USCIS states that a petition can be filed without the abuser's knowledge, but mail at home, shared accounts and phone location tracking may still reveal information.
Can I still apply after a divorce?
If you are already divorced, you must file within 2 years after the marriage ended and show that the divorce was connected to the abuse. There is no room for an extension or waiver of this deadline.
Sources: uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, thehotline.org, ovc.ojp.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.