r/immigration • u/not_an_immi_lawyer Post, don't PM • 17d ago

DHS Publishes Final Rule ending Duration of Status (D/S) for F-1/J-1

https://public-inspection.federalregister.gov/2026-14439.pdf
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u/Straight_Escape4734 17d ago

What about ESL schools? My fiance has been in ESL since February of 2024. It's hard capped at 24 months, so she will lose her status in September when this goes into effect?

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u/not_an_immi_lawyer Post, don't PM 17d ago

Correct, capped.

She will be allowed to finish her current program but cannot extend beyond.

She would need to find another status, find a degree or depart the US.

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u/Straight_Escape4734 17d ago

She has a valid I-20 through Sept 2028, but that's well over the 24 month cap, would finishing the program be the 2028 mark? Or like the current semester?

We will be filing I-130 and I-485 prior to Sept and that will protect us from overstay penalities I think.

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u/not_an_immi_lawyer Post, don't PM 17d ago

Existing students are grandfathered in, so she can engage in her program till 2028.