Author Archives: Carl Rothrock

About Carl Rothrock

Carl Rothrock is an immigration lawyer with offices in Fort Myers, Naples, Boca Raton, and Miami, Florida. He has represented thousands of immigrants from more than 100 countries. He is admitted to practice before all Immigration Courts in the countries and is AV Rated by Martindale Hubbell.

EB5 proof of funds

EB 5 proof of funds

EB5 proof of funds.  One of the criteria of obtaining an EB5 visa is the ability of the investor to show that he or she put up his or her own funds in financing the investment.  The following documentation is typically required to show proof of funding of some of the common types of funding:

EB5 Proof of funds if the investor is using his or her own income from savings

  • Five years of personal income tax returns
  • Personal bank account statements for the past two or more years
  • Salary verification from previous employers
  • Five years of business tax returns
  • Business registration documents
  • Business bank account statements for two or more years
  • Documentation that you own your own business

EB5 Proof of funds from sale of real estate:

  • Proof that your funds were used to purchase the piece of real estate that you sold.
  • Copy of wire transfer
  • Bank account statement
  • Copies of deed and closing statement

EB5 Proof of funds from sale of stock

  • Stock certificate
  • Company’s incorporation documents or other company registration documents
  • Stock purchase agreement
  • Evidence of the transfer of proceeds of the stock sale from the brokerage company to the investor’s account(s)
  • Payment of tax obligations owed on the proceeds of the stock sale

If you need an EB5 attorney in Ft Myers, call Carl Rothrock today at 239-206-2363.

TN Visa for Mexican Citizens

TN Visa for Mexican Citizens

TN visa for Mexican Citizens.  Unlike a Canadian Citizen, you will need to apply for a visa If you are a Mexican citizen seeing a TN Visa.   You should apply for the visa directly at a U.S. embassy or consulate in Mexico.  See the U.S. Department of State webpage, “Mexican and Canadian NAFTA Professional Worker.”

The United States has a treaty with Canada and Mexico under the North American Free Trade Agreement (NAFTA).  This treaty allows citizens of Canada and Mexico to enter the United States temporarily to work.  The visa, called a “TN” visa is available to citizens of Canada and Mexico who hold professional jobs.  Most of the jobs require at least a college degree, and they also require professional experience.  The TN visa can be issued anywhere from 2 to 5 years and can be renewed indefinitely.  If the TN holder is offered a permanent job while working in the United States temporarily, he or she may apply for an EB2 or EB3 visa while in the United States.

Eligibility for TN Visa for Mexican citizens

  • You must be a citizen of Mexico.
  • You must have a job offer in the United States.
  • You must be qualified for the job.
  • The job must be a profession recognized as a TN occupation.
  • Unlike Canadians, who can apply for TN designation at the border, Mexicans must apply for a TN visa through the consulate.

Spouses of TN visa holders from Mexico

  • A spouse of a TN visa holder from Mexico is allowed to apply for a derivative visa
  • A minor child is allowed to attend school in the United States.
TN visa for Mexican citizens

TN visa for Mexican citizens

If you are a Mexican citizen looking for a TN visa attorney in Ft. Myers, call the Rothrock Law Firm at 239-206-2363.

TN Visa

TN Visa

TN Visa. The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN nonimmigrant visa allows qualified Canadian and Mexican citizens to work in the United States temporarily.

Various professionals are eligible for TN nonimmigrant visas.  Click this link to see the complete list of TN occupations.

General Eligibility Requirements for TN Visas

  • You must be a citizen of Canada or Mexico.
  • Your profession qualifies under the regulations.
  • The job in the United States requires a NAFTA professional.
  • You have a job offer that pays you an appropriate wage.
  • You are not self-employed.
  • You are qualified to perform the job.

Family members of TN visa holders.

  • The minor child of a TN holder is allowed to attend school in the United States.
TN visa available for Canadian citizens

TN visas are available for Canadian citizens

If you need a TN visa attorney in Fort Myers, call the Rothrock Law Firm at 239-206-2363.

 

E3 visa

E3 visa

E3 visa. The E-3 visa allows people from Australia to enter the United States to work in a specialty occupation.  The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.

Eligibility Criteria

To qualify for an E-3 visa, you must demonstrate that you:

  • Are a national of Australia
  • Have a legitimate offer of employment in the United States
  • Possess the necessary academic or other qualifying credentials
  • Will fill a position that qualifies as a specialty occupation
e3 visa

e3 visa

Difference between E3 and other types of work visas

The job qualification for the E3 visa is similar to the H1B visa, as opposed to the TN visa for Canadian and Mexican citizens.  The category of jobs under the TN visa is more narrow than for E3 and H1B visa applicants.  The E3 job must  satisfy the criteria of a “specialty occupation,” which is outlined in the U.S. Immigration and Nationality Act. The applicant has to show both work experience as well as a bachelor’s degree.  In addition, the employer cannot pay a lower wage to the E3 employee than to a U.S. employee.

Another criteria that an e3 job must meet is the salary that it offers. According to e3 visa requirements,  a qualifying position must  has to offer a salary that meets very distinct minimum standards.

Spouses and Children of E3 holders

If an Australian citizen is given an E3 visa, his or her spouse can accompany the visa holder with a derivative visa.  The spouse can apply for work authorization.  The minor child of the E3 visa holder can also attend school in the United States.

 

If you are looking for an E3 visa attorney in Fort Myers, call attorney Carl Rothrock at 239-206-2363.

 

Does promissory note count as substantial investment for E2 Visa requirements?

An E2 visa requires the investor to make a “substantial investment.”  The question arises whether a promissory note can  count toward the substantial investment requirement?
A promissory note can count toward the substantial investment requirement for an E2 visa provided the investment is “at risk.”  These are some of the guidelines used in EB5 investor visa cases, which provides some guidance as to how the government might rule on E2 cases.
” (1) A promissory note secured by assets owned by a petitioner can constitute capital under 8
C.F.R. § 204.6(e) if: the assets are specifically identified as securing the note; the security
interests in the note are perfected in the jurisdiction in which the assets are located; and the
assets are fully amenable to seizure by a U.S. note holder.
(2) When determining the fair market value of a promissory note being used as capital under
8 C.F.R. § 204.6(e), factors such as the fair market value of the assets securing the note, the
extent to which the assets are amenable to seizure, and the present value of the note should
be considered.
(3) Whether a petitioner uses a promissory note as capital under 8 C.F.R. § 204.6(e) or as evidence of a commitment to invest cash, he must show that he has placed his assets at risk. In
establishing that a sufficient amount of his assets are at risk, a petitioner must demonstrate,
among other things, that the assets securing the note are his, that the security interests are perfected,that the assets are amenable to seizure, and that the assets have an adequate fair market value.”
To read more about requirements for EB5 investment visas, follow this link.
In other words, there must be collateral securing the note, the note must be properly perfected, the assets must be located in the U.S., and the assets must be capable of being liquidated.  Further, the applicant must personally guarantee the note.  The note cannot be a corporate obligation only secured by the assets of the company.  As noted, the requirements for promissory notes are stringent.   If you are a foreign investor seeking an E2 visa to enter the U.S., contact an experienced immigration attorney to handle your case.

Substantial Investment for E2 Visa

Substantial Investment for an E2 Visa:  An E-2 visa is available to a foreign citizen who wishes to the enter the United States solely to develop and direct the operation of an enterprise in which he or she has invested, or is in the process of investing a substantial amount of capital.   So what exactly is a substantial investment for an E2 visa?

There is no set dollar amount, but I recommend that you invest around $100,000.00 USD if you are purchasing a business with no other partners.   The government will consider both the amount of capital that you contribute as well as the percentage of capital.  For example, if the business requires $1 MM USD in capital, and other non E2 partners contribute $900,000, then the $100,000 that you contribute might not be enough because the number represents only ten per cent of the total capital contribution.  It is important to retain an experienced immigration attorney before undertaking the E2 visa to understand all the factors to make sure that the capital that you wish to contribute will satisfy the government requirements.

If you are interested in obtaining an E2 visa in Naples, Fort Myers, or Cape Coral, check out our E2 visa page on our website.

Sample Questions Asked at Immigration Marriage Interview

Several people have asked me to post sample questions asked at immigration marriage interviews.  The questions below are taken from actual interviews and are illustrative only.  Your actual interviewer can ask you questions for 20 minutes or three hours.  The interviewer will review your file and will ask you questions specific to your case.  Each spouse will be interviewed separately.  The purpose of the interview is to determine if your marriage is real or if was entered for the purpose of immigration fraud.  Here are some questions they might ask:

Relationship

  • How did you meet?
  • What made you interested in your spouse?
  • Where was your first date?
  • When did you fall in love?
  • Did you discuss marriage early in your relationship?
  • Who proposed?
  • How did you decide on the length of your engagement?
  • Did your friends and family approve of your marriage?

Wedding

  • Who attended your wedding?
  • Who decided where the wedding would take place?
  • Were your parents and siblings in attendance?
  • Who did you choose to be your bridesmaids/groomsmen?
  • Did you have a reception?
  • Did you have a difficult time planning the wedding activities?
  • What food did you serve?
  • How long was the reception?
  • Do you have any funny stories from the reception?
  • When did you leave the reception?
  • Where did you have your honeymoon?

Home Life

  • Who gets up earliest in the morning?
  • What do you make for breakfast?
  • At what time do each of you usually get home?
  • Who cooks dinner?
  • How do you divide the house work?
  • Who handles the bills?
  • Do you have bank accounts together?
  • Do you have any pets?
  • Do you live in a house or an apartment?
  • How many rooms do you have?
  • How much do you pay for rent/mortgage?
  • How is your home decorated?
  • How big is your bed?
  • What side of the bed does your spouse sleep on?
  • What is your spouse’s routine before going to bed?
  • What kind of personal care products does your spouse use?
  • If you argue before bed, how do you resolve it?

Family Members

  • What is your relationship with each other’s parents?
  • How often do you visit each other’s parents?
  • What other members of each other’s families are you closest to?

Entertainment

  • What do you do on the weekends?
  • How often do you eat out?
  • What is your favorite place to eat at?
  • Where do you shop for groceries?
  • What are your favorite meals?
  • What television shows do you watch together?
  • What movies have you recently watched?
  • What kind of music does your spouse like?

Celebrations

  • When is your spouse’s birthday?
  • How did you last celebrate each other’s birthday?
  • How did you celebrate your anniversary last year?
  • What is the most important holiday you celebrate?
  • What did you do last New Year’s Eve?

Development of Your Relationship

  • Where did you meet?
  • What did the two of you have in common?
  • Where did you go for dates?
  • When did your relationship turn romantic?
  • How long was it before you decided to get married?
  • Who proposed to whom?
  • Why did you decide to have a [long, short] engagement?
  • Did your parents approve of the match? Why or why not?

The Wedding

  • How many people attended your wedding?
  • Did each of your parents attend?
  • Where was the wedding held?
  • Was there music or other entertainment?
  • What kind of cake (or other food) did you serve?
  • Who were the bridesmaids/groomsmen?
  • How late did the guests stay?
  • Did the bride change clothes for the reception?
  • Did you serve liquor? What kind?
  • Did anyone get drunk or otherwise embarrass themselves at the reception? Who? Describe.
  • What time did you and the [bride or groom] leave the reception?
  • Did you go on a honeymoon? When did you leave? How did you get there? What airlines?

Regular Routines

  • Who gets up first? At what time?
  • How many alarm clocks do you set in the morning?
  • Who makes breakfast?
  • What do each of you eat for breakfast?
  • Does your spouse drink coffee in the morning?
  • Who is your spouse’s employer? What is the location of your spouse’s workplace? What is the name of your spouse’s boss?
  • How much does your spouse earn every month or year? How often is your spouse paid?
  • What time does your spouse arrive home from work?
  • Who cleans the house?
  • What day is your garbage picked up?
  • Who takes care of paying the bills?
  • Do you have a joint bank account? Where?
  • Do you have a cat, dog, or other pet? Who feeds it? Who walks it (or cleans its kitty litter box, cage, etc.)?
  • Do you and/or your spouse attend regular religious services? Where?
  • Where do you keep the spare toilet paper?

The Kids

  • Who picks up the children at school?
  • Who packs lunches for the kids?
  • What are their favorite toys/activities?
  • What are their least favorite foods?
  • Which children (if any) still use a car seat?
  • What is your usual babysitter’s name?

The Cooking

  • How many times a week on average do you eat out?
  • What is your favorite restaurant for special occasions? For weekly outings?
  • Who does most of the cooking?
  • Who does the grocery shopping? Where?
  • Is there a particular food that you eat every week?
  • What is your spouse’s favorite/least favorite food?
  • What color are the kitchen curtains?
  • Do you have a barbecue grill? Do you use it?
  • Is your stove gas or electric?

Other Family Members

  • Have you met each other’s parents?
  • How often do you see each other’s parents? Where do they live?
  • When was the last time you saw them? Where? For how long?
  • On important holidays, do you buy individual gifts for your parents-in-law? Do they buy individual gifts for you?
  • How do each of you get along with your parents-in-law?
  • How many brothers and sisters does your spouse have? What are their names?
  • Which other members of your spouse’s family do you see frequently? When was the last time you saw them? What did you do together?

Home Technology

  • How many land-line telephones are in your house? Where are they?
  • What type of cell phone does your spouse have? What is his or her phone number?
  • How many televisions are in the house? In which rooms? Do you watch shows together, or separately? Name one show that you always watch together.
  • Do you record any television shows?
  • Do you subscribe to a DVD rental or streaming video service?
  • What company provides your cable TV service? Internet service?
  • How many computers, laptops, or tablets are in the house? What kind are they?
  • Does your spouse listen to the radio? What station?
  • What kind of car does your spouse drive?

In the Bedroom

  • What size is your bed (Twin, Queen, or King)?
  • Do you have a regular mattress, futon, or waterbed?
  • How many windows are there in your bedroom?
  • What color are your spouse’s pajamas?
  • Who sleeps on each side of the bed?
  • What form of contraception (birth control) do you use?
  • When was your wife’s last menstrual period?
  • Where do you keep your toothbrushes? What kind of toothpaste, soap, and shampoo does each of you use?
  • Do either of you read or watch television before going to sleep? Do you have lamps next to your bed?
  • Have you ever had an argument that resulted in one of you sleeping in another room? Who, and which room?

The Rest of the House

  • Do you live in a home or apartment? Who pays the mortgage or rent? How much is it?
  • Do you have a garage? Who parks in it? Do you use a garage door opener?
  • Is there a carpet in your front hallway? What color?Is your sofa a regular one or does it have a pull-out bed?
  • Have you ever had houseguests sleep there?
  • What type of curtains or window coverings are in your living room? What color?
  • How many staircases are in your house?
  • How many sinks, toilets, and showers are there in your house or apartment in total?
  • Do you leave any lights on when you go to sleep at night?

Celebrations

  • When is your spouse’s birthday?
  • What did you do for your spouse’s last birthday?
  • What did your spouse give you as a present for your last birthday?
  • How did you celebrate your most recent wedding anniversary?
  • What religious holidays do you celebrate together?
  • What’s the most important holiday of the year in your household? Where do you typically celebrate it?
  • Have you and your spouse gone to see a movie or other form of entertainment lately? When, and what did you see?
  • What did the two of you do last New Year’s Eve? Fourth of July?
  • Who takes pictures at important family occasions?

What is a TN visa?

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. The TN (trade Nafta) nonimmigrant visa permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level.

Requirements of a TN visa include the following:

  • You must be a citizen of Canada or Mexico;
  • You must be a qualified professional
  • The position in the United States requires a NAFTA professional;
  • You have a prearranged full-time or part-time job with a U.S. employer
  • You have the qualifications to practice in the profession in question.

TN visas can be very complicated.  It is important to have a qualified immigration attorney handle your case.  Rothrock Law Firm has successfully obtained TN visas for Canadian citizens with difficult cases.  If you are a Mexican or Canadian citizen seeking an immigration attorney who handles TN visas in Fort Myers, Cape Coral, or Naples, call the Rothrock Law Firm at 239-206-2363.

What is an E2 visa?

What is an E2 Visa?

The E-2 visa is available to a foreign citizen who wishes to the enter the United States solely to develop and direct the operation of an enterprise in which he or she has invested, or is in the process of investing a substantial amount of capital.  Requirements of an E2 visa include the following:

  • The United States and the foreign country must have a treaty that allows for the E-2 Visa.
  • Click this link to see which countries have a treaty with the United States allowing for E-2 visas.
  • Majority ownership or control of the investing or trading company must be held by nationals of the foreign country under whose treaty the E status is sought.
  • The foreigner must be a citizen of the country that has a treaty with the United States.

If you need a Naples immigration attorney who handles E2 visas, call the Rothrock Law Firm at 239-330-2534.

Sample questions asked at naturalization interview

What questions will be asked on my naturalization interview?

The questions will test your knowledge on basic principles of American government and civics.  USCIS has published some sample questions asked at the immigration naturalization interview on YouTube.   Click on this link to view.

If you need a naturalization attorney in Fort Myers, call the Rothrock law Firm at 239-330-2534.