Living in Peru : your everyday companion

How did you decide on getting into Immigration law?   
I wanted to work in an area of law where I could really make a difference in people's lives.  There aren't many areas that can have such a direct impact on some people's lives than immigration.

How long have you been practicing?
I've been working in immigration law for over 6 years, first as a clerk, and for the past 3 1/2 years as a practicing lawyer.

A lot of people get really frustrated when dealing with visas, etc., what advice can you give these people on handling these emotions? 
You need patience, persistence, and preparation.   Remember that the government officials are people and they have jobs to do too--and sometimes that includes applying rules and regulations that are incomprehensible to the majority of people.

What are the principal reasons that people have their visa applicatons rejected? 
An otherwise approvable application can be rejected for not being complete.  An application can also be denied for ineligibility reasons such as criminal history.  Nonimmigrants can have their visas rejected if the consular officer is not convinced you will return to your home country.  Finally, a marriage-based visa can be denied if the officer is not convinced you are a bona fide couple.

Can you give us a brief run down of the visas available for Peruvians to visit the US, and the requirements necessary so that they may be better prepared for obtaining them? 
Almost every U.S. visa is available to nationals of Peru.  It depends on what your goal is.  Do you want to visit; study; to work, or do you want to join family in the U.S.?   There are whole books on different types of visas, and each one serves a different purpose. 

What are the rights of a US citizen in terms of getting a visa for a spouse or relative? 
The U.S. citizen only has the right to the visa petition; not to getting the relative's visa.  The relative may still be ineligible for a visa, although having a U.S. citizen relative may mean that the ineligibility can be waived.   Waivers are some of the most demanding, complex cases we have to deal with. 

How are the requirements for visas different depending on the applicant's country of origin? 
Some countries are part of the visa waiver program so you do not need to get a tourist visa to visit the U.S.  Other countries have particular treaties which allow travel for investment purposes (the E visas) or other work visas (Chile and Singapore don't have to compete with the rest of the world for H1B visas).  Some immigrants from the highest demand countries (India, China, Mexico and the Philippines) may have to wait longer than others because of quotas.  Finally, if the applicant is from a country that the US considers a state-sponsored supporter of terrorism, they are likely to face higher scrutiny and thus added security delays.  Beyond that, there is little difference if you are coming from Slovenia, Slovakia, or Swaziland.

I'm sure there are a lot of fraudulent Immigration lawfirms out there.  What should people who are looking for a lawyer be wary of in order to avoid getting scammed? 
This is one of the hardest questions to answer.  Perhaps the best answer is to ask your friends if they liked their lawyer.  Our best referrals are through word of mouth and reputation.  Also, every U.S. lawyer must be licensed; it does not take long to look up online whether complaints have been filed.  For example, you should be able to figure out from my website that I am licensed in the state of Minnesota, so you could google the Minnesota lawyers office of professional responsibility and then look me up--you should be able to do the same for any lawyer in any state.  Finally, if you call a lawyer, after you speak with them, let them know you'd like a second opinion.  Either ask them for a referral or just talk with another attorney.  By comparing, you should get a sense of which one you can trust (hopefully, both).

What is the typical approximate cost for hiring a lawyer to help you with this process? 
It really varies, based on the particular facts and complexity of the case.  Our firm generally charges a flat fee for a case, but we need to talk with you first so we get a sense of how simple or complex your case is. 

What is the success rate at your firm in getting visas versus those who have not contacted a lawyer? 
I don't think I could give you any statistics on that.  However, since we are solely an immigration firm, we do know what to expect in processing a visa, where an individual on their own may be meeting the U.S. government bureaucracy for the first time.  Thus, we can minimize delays and denials that come from incomplete applications; we can also support complex cases with the legal reasoning required to get the case approved.  People obviously can get their cases through on their own if they are savvy and patient enough to deal with the system; hiring a lawyer relieves you of that burden. 

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