Can we sue my sister’s school for negligence if it improperly filed out her application for OPT and now she has lost her immigration stauts?

UPDATED: Oct 17, 2014

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Can we sue my sister’s school for negligence if it improperly filed out her application for OPT and now she has lost her immigration stauts?

My syster has a student visa and came here for school. In the immigration law, after she graduated, she is supposed to apply for an OPT who can give her the permission to work during for a year. Most of the international students apply for OPT after their graduation, work for a year, make some money so they can afford the next school year. In my sister’s case, the school administrator who was supposed to file the application for her did everything wrong. Either she was late sending the papers or she sent them to the wrong office. Now my sister got denied from the opt and lost her immigration status. I think it is a negligence from the school? So what can we do?

Asked on October 17, 2014 under Personal Injury, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Well first of all get your sister to an immigration attorney asap and let's see if he or she can help her with her status. What you want to explore with an attorney is whether there was a Breach of Duty owed to your sister and whether the school administrator's conduct was enough to constitute negligence on their part. This is a very difficult thing to prove against a school but not impossible.  Good luck.

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