President Biden announced a set of affirmative immigration relief actions aimed at providing stability for certain undocumented individuals and their families. These policy changes are expected to bring long-awaited hope to people who have lived in the U.S. under the weight of legal uncertainty.
If you or a loved one may be eligible for this relief, it is essential to understand the eligibility criteria, benefits, and application timelines.
USA President Affirmative Relief Immigration Actions 2026:
1. Relief for Spouses and Children of U.S. Citizens
Individuals who are married to a U.S. citizen or are stepchildren of U.S. citizens, and who have lived in the country for at least ten consecutive years, may be eligible to apply for lawful permanent residency without having to leave the United States.
Eligibility Criteria:
- You entered the U.S. without lawful admission or parole.
- You have continuously resided in the U.S. for at least 10 years.
- You are legally married to a U.S. citizen or are a qualifying stepchild.
- You have no disqualifying criminal history and do not pose a threat to national security or public safety.
Benefits:
- Parole-in-place may be granted for up to three years.
- You may be eligible for employment authorization during that period.
- If granted parole, you can apply for a green card (adjustment of status) without leaving the U.S.
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2. Opportunities for College-Educated DACA Recipients and Dreamers
The administration also announced support for certain DACA recipients and Dreamers who hold U.S. college degrees. This policy aims to create a streamlined path to temporary work visas through existing legal channels.
Eligibility Criteria:
- You hold a degree from an accredited U.S. college or university.
- You have a job offer from a U.S. employer in a field related to your degree.
This initiative could significantly improve opportunities for employment and long-term career development for many young immigrants.
What is Affirmative Immigration Relief?
Affirmative immigration relief refers to legal mechanisms that allow eligible non-citizens to apply for lawful presence, work authorization, and sometimes permanent residence, even if they entered the country without proper documentation. These actions are typically initiated by the federal executive branch and are often temporary but impactful.
Key Immigration Relief Measures in 2026:
1. Temporary Protected Status (TPS) Extensions
Temporary Protected Status allows individuals from designated countries experiencing armed conflict, natural disasters, or extraordinary conditions to live and work in the United States without fear of deportation.
Countries with TPS Extended Through 2026 Include:
- Haiti
- El Salvador
- Venezuela
- Ukraine
- Sudan
Eligibility Requirements:
- Must have been continuously residing in the United States as of the country-specific cutoff date.
- Must meet background and security screening criteria.
- Must file for TPS designation or re-registration before the posted deadline.
2. Deferred Enforced Departure (DED) Protections
Deferred Enforced Departure offers similar protections to TPS but is granted directly by presidential authority.
Active DED Designations in 2026 Include:
- Liberia
- Hong Kong
- Palestinian Territories
- Lebanon
DED recipients may qualify for work authorization and temporary protection from removal.
3. Parole-in-Place for Undocumented Spouses and Children of U.S. Citizens
In 2026, the administration introduced a policy allowing undocumented spouses and children of U.S. citizens who have lived in the United States for at least ten years to apply for parole-in-place.
Program Highlights:
- Eligible individuals could apply without leaving the United States.
- A three-year work authorization was included.
- Applicants could begin the process of applying for lawful permanent residency.
2026 Update:
This policy faced legal challenges and was temporarily halted by a federal court ruling. Applications submitted before the suspension were refunded. The policy’s future remains uncertain pending judicial review.
4. New Work Visa Pathways for College-Educated DACA Recipients and Dreamers
To retain skilled workers and provide opportunities for Dreamers, the administration introduced measures that simplify the visa process for undocumented immigrants with U.S. college degrees.
Eligibility Criteria:
- A degree from an accredited U.S. institution.
- A job offer in a field related to their degree from a U.S.-based employer.
This pathway is intended to offer temporary legal status and promote long-term contributions to the U.S. economy, especially in high-demand sectors such as education, healthcare, and technology.
Application Process:
Parole-in-Place Program:
- Applications submitted before this date will not be accepted.
Important Notes:
- Do not pay anyone to file on your behalf before applications officially open.
- Watch for updates and use trusted legal resources.
- Always work with a licensed immigration attorney to avoid scams and ensure proper filing.
Why Legal Guidance Matters
While these actions provide hope, they may also face legal or political challenges that could affect implementation. The support of an experienced immigration attorney is essential to ensure you are well-prepared and protected throughout the application process.
Seek Qualified Immigration Support
If you believe you or your family may benefit from these new immigration relief measures, it’s important to act carefully and seek legal guidance early.
Fayad Law, P.C. is ready to help you navigate these complex changes with clarity and compassion. Contact our office at 804-509-2147 to schedule a consultation, or visit our website for more information.
Frequently Asked Questions:
What happens if I have a prior deportation order?
Some affirmative relief programs pause or defer removal proceedings, even if you have a deportation order. However, you must consult with an immigration attorney to understand your risk and eligibility.
Can I work if I qualify for affirmative relief?
Yes, if the relief includes deferred action or parole, you can usually apply for an Employment Authorization Document (EAD), which allows you to legally work in the U.S.
Is this the same as DACA or TPS?
These are types of affirmative relief, but new presidential actions may create new programs. DACA and TPS continue to evolve through litigation and policy changes, but the President can introduce additional relief options through executive authority.
