Kalpana Peddibhotla has been practicing law for over a decade in the Bay Area. In 2005 she established her own immigration practice, serving primarily the Indian immigrant community. Recently, she co-founded Immigration Law Partners, LLP and works with business Immigration, Family Immigration and Citizenship.

She can be reached on the net at www.immi-law.com, or by calling at (408) 249-3373.

Q. What are the different Immigration areas that you practice and deal with?

We are mostly a visa petition practice, serving employers, individuals, and families. We also do a lot of naturalization. I believe strongly in new immigrants really understanding the history and laws of this country, and as I am an avid history buff, I give my clients a mini-civics lesson, for which many of them told me that they have gained a new appreciation of their adopted land.

I also take occasional asylum cases, and other visa cases on behalf of victims of violence and persecution. For really compelling cases I might take a case pro bono, as I see this as a service to the community.

Q. What are the most common mistakes(either by individuals or by employers) that you see with regards to immigration?

The common mistake that I see in my practice is that immigration law is sometimes approached as an exercise in filling forms and checking off items on a list. While forms are an important element of interacting with USCIS, the underlying intent of the law needs to be taken into consideration when putting together the overall petition for USCIS consideration.

Q. Changing from one visa category to the other is very complicated procedure, which many individuals partake in due to sheer necessity. What are some of the basic points that you would like to caution and point to people about?

Change of visa petitions are usually pursued by individuals who want to change from one non-immigrant category to another; or adjust their status from a non-immigrant status to permanent residence. There are a couple of basic elements of the law that need to be adhered to, while pursuing this type of change in visa category.

First, for applicants who are changing their status from one non-immigrant status to another, i.e. F-1 to H-1B, the applicant needs to be in status in order to change their status within the U.S. Depending on the specific visa that the applicant currently holds, there are a number of requirements on timing that need to be followed – including the time window within which a petition needs to made in order to apply as a change of status within the U.S.

For those who seek to adjust their status to permanent residence, the applicant needs to prove that he or she did not have an immigrant intent at the time of entering the U.S. on the initial non-immigrant visa.

Q. Are the present immigration laws working, in your opinion?

It is my opinion that our immigration laws need to be reformed. Our present laws are in many ways not working for individuals, families, employees, or employers.

We have long back-logs and caps on employment based immigrant and non immigrant visas, which place unnecessary hurdles on U.S. employers in securing and retaining talented individuals, and from allowing them to pursue ever more innovative products and services. This system only makes the U.S. less competitive, and in recent times has resulted in a reverse trend of talent returning back to their home countries rather than trying to navigate the convoluted path toward permanent residence.

Our current system has also placed arbitrary limits on family-based visas, forcing families to be kept apart for years. Spouses of permanent residents have to wait between 4 to 8 years before they can come to the U.S legally. Siblings must wait for 10 to 20 years before they can join their U.S. citizen family members. The adult children of lawful permanent residents must decide whether to forgo marriage lest they should lose their opportunities altogether to rejoin their parents in the U.S.

A united family is a cornerstone of American society because it promotes the pooling of family resources, the initiation of entrepreneurial endeavors, and the pursuit of a better education. The current immigration system should not continue to divide families arbitrarily, but instead it should seek to promote family unity.

Q. You have been successfully practicing immigration law for so many years. What do you like about immigration law?

I enjoy working with people and problem-solving. Immigration law is like a puzzle and I like to find creative solutions that could help someone make a better life for themselves or be reunited with their family. I think that the U.S. has a lot of wonderful opportunities –its freedoms, economic development, infrastructure, innovative spirit; and if someone wants to live here, whether temporarily or permanently, I want to help give them an opportunity to do so.

Q. You are known to be very actively involved in community service and giving back to the community.  Can you describe some of your community service and pro bono activities for our readers?

I believe that knowledge, especially in immigration law, is power. Too often people go through the immigration system blindly not knowing what options might be available. I have been involved in developing a number of Know Your Rights programs in the Bay Area to help to bridge this gap. For example, last year when a number of people on H-1B were laid off, I organized a public forum and brought in expert attorneys to provide free one-on-one advice to those who were facing lay-offs or otherwise trying to preserve their status in the U.S.

I also helped to run a free legal clinic at the India Community Center in Milpitas, CA. Through this program we provided weekly free legal advice.

I have served as a volunteer attorney with a number of organizations that provide free legal services including, the Muslim Community Association, Catholic Charities, National Center for Missing and Exploited Children, the American Civil Liberties Union or (ACLU), and the Santa Clara County Pro Bono Project.

My pro bono legal services have included assisting victims of domestic violence, obtaining asylum for a family fleeing violence by gangs, helping victims of sexual trafficking, and mediating in a child abduction case.

Q. What is unique about your practice?

There are a number of very good immigration practitioners out there, many of whom are from the Indian community. Our practice is very hands-on. I directly work on all of the petitions, from the initial case evaluation, to drafting the petitions, and seeing the matter through successful completion and approval. Immigration law has personally touched my life and the lives of my loved ones. I remember when my parents and older brother became citizens in the 1970’s – it was in the local newspaper. I filed my husband’s petition, and my youngest son was adopted from India and immigrated to the U.S. with us. Therefore, I am passionate about the outcome of my client’s cases, as I have lived in their shoes.

Kalpana Peddibhotla can be reached at:

Immigration Law Partners, LLP
3333 Bowers Avenue, Suite #130
Santa Clara, California 95054
Tel. (408) 249-3373
Fax. (408) 748-1826
contact@immi-law.com