Q#1: The entire world is likely aware that under the Trump Administration there have been drastic changes to the US immigration system. Whether someone was trying to immigrate based on a family relationship, their employer, or even trying to remain in the United States on Parole or Temporary Status, the last year has seen radical changes in their ability to do so. As we begin 2026, what avenues are still available for families, employers, and other special immigrants?
A#1: Although the Trump Administration has maximized both border and interior enforcement and has attempted to restrict entry into the United States for nationals of certain countries, the lawful pathways still exist, but are more difficult and likely take longer to pursue. But, immigrants continue to qualify for visas that allow them to work, travel, study, and ultimately obtain Legal Permanent Resident Status.
Q#2: What do we anticipate will be the climate for family-based Green Card applicants?
A#2: For individuals who have been in the United States without lawful status for many years but who may qualify for a Green Card from within the United States, the Administration has attempted to limit approvals by emphasizing discretionary factors that could result in denial. However, the law itself has not changed. Individuals who are married to US citizens or who have US citizen children likely still qualify for a Green Card. And although a case may now end up in front of an Immigration Judge for a final decision, the legal ability to apply for and obtain permanent residence remains intact. In fact, for individuals without lawful status, failing to apply for an available benefit can be more risky given ICE’s broad enforcement approach, which increasingly targets individuals who haven’t pursued pathways for legal status for which they are eligible.
Q#3: Are there options for people to enter the United States to work or study temporarily?
A#3: Although the Administration has tried to curtail certain aspects of the H-1B program by charging an exorbitant $100,000 Fee for some new applicants, there are still viable alternatives. Many applicants still qualify for H-1B, as well as other temporary work visas including H-2A, H-2B, TN, R-1, and other temporary work visas, depending on their circumstances. Filing for an F-1 Student visa is still an option, though demonstrating your ties to your home country are much more important now. While applications now require more extensive documentation to demonstrate eligibility, the ability to apply for temporary work or study status continues to exist.
Q#4: What about Parole and other temporary statuses like DACA?
A#4: Many individuals who previously held Temporary Protected Status (TPS) have seen that status revoked over the past year. However, if they qualify for another immigration benefit, through an employer, a spouse, or a U.S. citizen child, then they should consult with an attorney to pursue that option quickly. The same is true for individuals who were granted Parole through programs created during prior administrations that have since been terminated.
Regarding the DACA Program, there is potential good news as it is expected to reopen at any time, allowing initial applications to again be filed. This will allow anyone who qualified for DACA but didn’t previously meet the cutoff or renew on time to again receive Work Permits, Social Security numbers, and protection from deportation.
Q#5: Given the increased enforcement, delays, and higher fees under the current Administration, should immigrants still pursue immigration benefits, and what guidance would you give to applicants or families who are unsure whether to move forward?
A#5: Overall, the current Administration has taken significant steps to make immigration more difficult, both for individuals seeking to enter the United States and for those already here. Despite these actions, lawful immigration pathways remain available, allowing many individuals to qualify for legal status based on their specific circumstances. Although the process may now be slower, more stressful, and more expensive, eligibility for immigration benefits has not disappeared and should still be pursued with proper legal guidance.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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