Tag Archives: Ft Myers immigration lawyer

Fort Myers Immigration Lawyer

FORT MYERS IMMIGRATION LAWYER

Immigration Lawyer Fort Myers Carl Rothrock — Fort Myers immigration attorney Carl Rothrock

Carl Rothrock is a Fort Myers immigration lawyer with 33 years of experience. He has successfully represented thousands of people from more than 100 countries in the world. The firm’s specialty is business immigration, including forming regional centers, assisting investors in E2 treaty visas, L visas, and EB5 investment visas, and assisting employers and employees with EB1, EB2, and EB3 visas. Further, Carl represents individuals in family based immigration services, such as K1 and K2 fiancée visas, marriage visas, I-130 relative visas, I-485 adjustment of status applications, and N-400 and 600 naturalization and citizenship proceedings. In addition, the Rothrock Law Firm has successfully obtained waivers for inadmissibility, including unlawful presence, misrepresentation, fraud, and criminal acts. All of the attorneys at the Rothrock Law Firm have been licensed for more than 27 years and all attorneys are rated AV Preemminent by Martindale Hubbell.

Awards, Recognitions, and Memberships

“AV Preeminent®, the highest ranking level of professional excellence, skill and integrity under the Martindale-Hubbell® Peer Review Rating System
Perfect 10.0 score on AVVO.com, a lawyer rating and referral website
“Top Rated Lawyers in Florida, Immigration,” Lawyers of Distinction
“Nations Top One Percent,” the National Association of Distinguished Counsel
“The Top 10 Immigration Attorneys, Florida,” Best of the Best Attorneys
“10 Top Immigration Attorneys, Florida,” the American Institute of Legal Counsel
“Top 10 Immigration Attorneys, Florida,” Attorney and Practice Magazine
“The Top Immigration Attorneys, Florida,” The Top 100 Lawyers
“Top Ranking Immigration Law Firms in Florida,” American Association of Attorney Advocates
Member, American Immigration Lawyers Association
Member, Academy of International Business

To schedule a consultation, call Rothrock Immigration Lawyer Fort Myers at (239) 206-2363.

Family Visas

Carl Rothrock is an immigration attorney in Fort Myers, Cape Coral, and Naples, Florida. One method of obtaining a visa to the United States is through sponsorship from a family member. The Rothrock Law Firm files several types of family visas:

K1, K2, and K3 fiancee visas
CR-1 and IR-1 marriage visas
I-130 alien relative visas and I-485 adjustment of status

Family based immigration allows a family member to sponsor a spouse, fiance, or relative to the U.S.

Immediate Relatives of a United States Citizen

“Immediate Relatives” refers to the parents, spouses and children (who are unmarried and under 21 years of age) of a U.S. citizen. Immediate relatives of a U.S. citizen can immigrate to the United States without an extended waiting period. Same sex married couples are considered “immediate relatives” for immigration purposes. There is no limit on the number of immediate relatives that can immigrate each year. As a result, the government scrutinizes these applications carefully. It is important to hire an experienced immigration lawyer to assist you in this process. Attorney Carl Rothrock has more than thirty years of experience practicing law and is admitted to practice before all immigration courts in the United States and the Immigration Board of Appeals.

Other Close Family Members of a U.S. Citizen

Other close family members of a U.S. citizen can qualify to immigrate to the United States, but are subject to a numerical limit of immigrant visas available to them each year. Close family members are divided into several groups called “Preferences”. The higher the Preference, the quicker the alien will be eligible to receive a green card. The first preference is given to unmarried children over age 21 of U.S. citizens. The third preference is given to married children of U.S. citizens. The fourth preference is given to brothers and sisters of U.S. citizens.

Family Members of Permanent Residents

Spouses and unmarried children of a permanent resident can also apply for a green card. They are categorized as the “Second Preference” group of people who are eligible for immigration to the United States.

Fiancée visas

The K-1 visa allows the US citizen’s fiancée to come to the US to marry the US citizen.
The K-2 visa allows the fiancée’s children to come to the U.S.
The K-3 visa allows the spouse who lives in a foreign country to live with in the U.S. while his or her immigration petition is pending.
The K-4 visa allows the children of the K-3 spouse to accompany the spouse to the U.S. while the immigration petition is pending.

Adjustment of Status

Adjustment of status allows a spouse who is in the United States on one type of visa to switch to another type of visa without leaving the United States. For example, if a person entered the U.S. on a tourist visa and married a U.S. citizen, the citizen can sponsor the spouse for a green card and apply for adjustment of status so that the spouse does not leave the U.S. while the application is pending. If the application is approved, the spouse will never need to leave the U.S.

If you are interested in sponsoring your family member to the United States, contact the Rothrock Law Firm at (239) 206-2363.

E2 Treaty Visa Germany

Carl Rothrock Immigration Attorney E2 visa for German citizens

Fort Myers immigration lawyer Carl Rothrock files E2 visas for German citizens

E2 Treaty Visa Germany. Carl Rothrock, immigration attorney in Fort Myers, Florida, files E2 treaty visa applications for citizens of Germany wishing to enter the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 treaty visa requirements for Germany

German nationals must control the majority ownership or control of the investing or trading company.
A citizen of Germany must file the E2 application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued.
The U.S. Embassy in Frankfurt processes E2 treaty visas in Germany.
Each E2 treaty country has specific requirements for eligibility. Click this link to see the specific E2 treaty requirements for Germany.

Families of E2 Treaty Applicants

The spouse and children (under age 21) of the E2 visa holder can obtain an E2 derivative visa.
A spouse can apply for a work permit, and the children can attend school if they hold an E2 derivative visa. The spouse need not work for the E2 company. The spouse can work anywhere in the United States that allows work authorization.

Let an Experienced Immigration Attorney file your E2 Visa Application

The filing of an E2 application is a very complicated process. Each embassy has its own procedures for submitting an E2 packet, and each embassy scrutinizes parts of the application differently. Carl Rothrock is an immigration attorney in Fort Myers, Florida. He has successfully filed E2 treaty applications on behalf of investors from all over the world. Mr. Rothrock is admitted to practice before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He provides representation to clients within the United States and outside the United States. To schedule a free initial consultation, call Rothrock Immigration Lawyer today.

EB5 Investor Visas

EB-5 Investor Visas

An EB-5 investor visa allows a foreign investor to obtain a permanent green card through investing in property that will create jobs and benefit the U.S. economy. The Rothrock Law Firm are experienced immigration attorneys who file EB-5 investor visas. If you would like to schedule a consultation, call today at (239) 206-2363.

EB-5 investor visas allow investors to obtain green cards through investing in companies that will provide jobs in the U.S.

Requirements for EB-5 Visa

The minimum investment amount to qualify for EB-5 status is $1,800,000.00 per immigrant investor. The limit is reduced to $900,000.00 if the investment is in a “targeted employment area” or if the investor makes his investment through a regional center.
Assets used must be from a legitimate fund. Legitimate funds include cash, stocks, and real estate. The investor cannot use money from illegal sources.
Except in a regional center company case, investors are required to participate in the operational management of the invested enterprise. This requirement can be satisfied by taking a managing position, participating in the decision-making process or being a limited partner in a LLP. In some cases, the participation requirement can be waived.
The investor must show that he or she created at least 10 direct or indirect jobs

Advantages of EB-5 Visas

The EB-5 provides a permanent green card and a pathway to U.S. citizenship. It is not temporary.

Business Visas: EB2 Visa

EB2 Visa

Carl Rothrock, Ft. Myers immigration attorney

A foreign citizen may apply for an Employment-Based Immigrant Visa, Second Preference Category, or EB2 visa. If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can apply for citizenship after five years. There are three categories of an EB2 visa in which the foreign citizen may apply: 1) Advanced Degree, 2) Exceptional Ability, and 3) National Interest Waiver

Advanced Degree

An employer must sponsor an employee for an EB2 visa requiring an advanced degree.
The U.S, government limits the number of approved visas in this category to around 40,000 visas per year. Further, the government limits the number of immigrants by country. Citizens of China, India, the Philippines, and Mexico typically experience long waiting periods when they apply for this visa. Other countries do not. Click this link to see current waiting times for immigrant visas.
The available job must require an advanced degree or relevant work experience. The applicant may have a master’s degree (or foreign equivalent) or a bachelor’s degree plus five years of work experience.
Prior to filing an I140 Employment Based Petition, an employer must usually file two preliminary applications. First, the employer must file a Prevailing Wage Determination and must offer the foreign employee a minimum wage of the amount set in the Prevailing Wage Determination. Second, the employer must obtain “Foreign Labor Certification,” a process by which the government certifies that there are not enough qualified Americans to perform the job.
Certain occupations do not require Labor Certification, but most do.
A spouse and child of the employee are also eligible for permanent resident cards if the employee is approved.

Exceptional Ability

The applicant must demonstrate that he or she has an exceptional ability in the sciences, arts, or business. Exceptional ability means “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
An employer must sponsor an employee in this category.
Most applicants in this category hold a doctorate degree.
The government requires both Labor Certification and Prevailing Wage Determination unless it waives labor certification.
An Applicant must prove at least three of the criteria listed below:
Official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
Letters documenting at least 10 years of full-time experience in the occupation
Professional license
Salary history reflecting the applicant’s exceptional ability
Membership in a professional association(s)
Recognition for achievements and significant contributions to the applicant’s industry or field by peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.

National Interest Waiver

The requirements for National Interest Waiver are similar to that of applicants with extraordinary ability.
The applicant must demonstrate at least three of the following criteria:
Official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
Letters documenting at least 10 years of full-time experience in the occupation
Professional license
Salary history reflecting the applicant’s exceptional ability
Membership in a professional association(s)
Recognition for achievements and significant contributions to the applicant’s industry or field by peers, government entities, professional or business organizations
Other comparable evidence of eligibility is also acceptable.

Unlike the category for extraordinary ability, National Interest Waiver applicants are not required to obtain Labor Certification. Applicants must show that the necessity of labor certification can be waived because it is in the interest of the United States.
Most approved applications in this category are in the field of science, and most applicants possess a doctorate degree.
Applicants in this category may file their own I140 Employment Based Petition. They do not need an employer to sponsor them.
The spouse and child of the applicant is eligible for permanent residence if the applicant is approved.

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration attorney in Fort Myers, Florida, has represented immigration clients from all over the world. He has been licensed since 1989 and is admitted to practice before the Board of Immigration Appeals and all Immigration Courts in the United States. To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.

EB1 Visa Types

EB1 Visa

Carl Rothrock: Immigration Lawyer in Fort Myers

A foreign citizen may apply for an EB1 visa. If USCIS approves the application, the foreign citizen and his or her spouse and children may receive permanent resident cards and can apply for citizenship after five years. There are three categories of an EB1 visa in which the foreign citizen may apply: 1) Extraordinary Ability, 2) Outstanding professors and researchers, and 3) Multinational managers or executives.

Extraordinary Ability

In order to qualify for an EB1 visa as an “alien of extraordinary ability,” the applicant must prove that he or she has an extraordinary ability in the sciences, arts, education, business, or athletics. The applicant must show that his or her achievements have been recognized in his or her respective field. An applicant must prove that he or she meets three out of ten criteria below:

Receipt of lesser nationally or internationally recognized prizes or awards for excellence
Membership in associations in the field which demand outstanding achievement of their members
Published material about the applicant in professional or major trade publications or other major media
Evidence that the applicant has been asked to judge the work of others, either individually or on a panel
Applicant’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Authorship of scholarly articles in professional or major trade publications or other major media
Work has been displayed at artistic exhibitions or showcases
Performance of a leading or critical role in distinguished organizations
The applicant commands a high salary or other significantly high remuneration in relation to others in the field
Commercial success in the performing arts

Alternately, if the foreign citizen does not meet three of the above listed requirements, he or she can substitute a one time achievement, such as a Pulitzer Prize, Oscar, Olympic medal, etc. An employer does not need to sponsor an alien of extraordinary ability. The foreigner can file his or her own petition. USCIS does not limit the number of visas issued in this category.

Outstanding Professors and Researchers

Outstanding professors and researchers must demonstrate international recognition in a particular academic field. The EB1 visa applicant must hold three years of experience in teaching or research in that academic area. In addition, the applicant must enter the United States to pursue a tenure track teaching position or a comparable research position at a university. The foreign citizen must document evidence in at least two of the following criteria:

Receipt of major prizes or awards for outstanding achievement
Membership in associations that require their members to demonstrate outstanding achievement
Published material in professional publications written by others about the alien’s work in the academic field
Participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
Original scientific or scholarly research contributions in the field
Authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

The applicant’s employer must file an I140 petition to sponsor the employee. If USCIS approves the petition, the employee and his or her spouse and children may receive permanent resident cards. USCIS does not limit the number of visas issued in this category.

Multinational Managers or Executives

The employer must have employed the applicant for at least one year within the last three years outside the United States. An employee must enter the United States to continue service to this employer. In addition, the employee must have worked as a manger or executive with the employer, an affiliate, or a subsidiary. Only a U.S. employer can sponsor an employee under this category. The employer must have operated the business for at least one year as an affiliate, subsidiary, or same corporation that employed the person abroad. USCIS does not limit the number of visas issued in this category.

Choose a Qualified Immigration Attorney to Represent your Interests

Ukraine E2 visa

Ukraine E2 visa. Ft. Myers immigration attorney Carl Rothrock files E2 Visa applications for citizens of Ukraine who wish to operate a business in the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 Visa Requirements for Ukraine

A citizen of Ukraine must control the majority ownership or control of the investing or trading company.
A citizen of Ukraine must file the E2 application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued. Currently, Ukraine issues the E2 visa for 3 months.
The U.S. Embassy in Kyiv processes E2 treaty visas for applicants from Ukraine.

Derivative E2 Visa for Spouse and Child

The spouse of an E2 visa holder may live and work in the United States.
The child of an E2 visa holder may attend school in the United States. The child must be under age 21.

Discuss Your Case Today with a Qualified Immigration Lawyer

Experience matters. Fort Myers immigration attorney Carl Rothrock has been licensed to practice law since 1989 and has successfully filed E2 treaty applications for investors throughout the world. Mr. Rothrock is admitted to practice law before all Immigration Courts in the U.S. as well as the Board of Immigration Appeals. He represents clients globally. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 206-2363.

E2 Visa Costa Rica

E2 Investor Visa Costa Rica

Fort Myers immigration attorney Carl Rothrock files E2 treaty visas for Colombian nationals

E2 Investor Visa Costa Rica. Carl Rothrock, immigration lawyer in Cape Coral, Florida, files E2 Investor Visa applications for citizens of Costa Rica who wish to operate a business in the U.S. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

Costa Rica E2 Requirements

Costa Rican citizens must control the majority ownership or control of the investing or trading company.
A Costa Rican citizen must file the E2 investor visa application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued.
The U.S. Embassy in San Jose processes E2 treaty visas for citizens of Costa Rica.
Each E2 treaty country has its own requirements for issuing a visa. Click this link to see the specific requirements for E2 treaty visa for Costa Rica.

Derivative Visas for Families of E2 Holders

A spouse of an E2 visa holder may live and work in the United States. The spouse does not need to work for the E2 holder’s company. A spouse may work for any employer that allows foreign work authorization.
Children under the age of 21 may attend school in the United States. Children cannot work.

Contact E2 Investor Attorney Carl Rothrock today

Carl Rothrock, an immigration lawyer in Cape Coral, Florida, has been admitted to practice law since 1989 and has successfully filed E2 treaty applications for investors throughout the world. Mr. Rothrock is admitted to practice law before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He represents clients globally. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 206-8252.

E2 Treaty Visa Colombia

Naples immigration lawyer Carl Rothrock files E2 applications for Colombian citizens

E2 Treaty Visa Colombia. Carl Rothrock, immigration attorney in Naples, Florida, represents E2 Treaty applicants from Colombia who wish to operate a business in the U.S. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 Requirements for Colombia

A Colombian citizen must control the majority ownership or control of the investing or trading company.
Only a Colombian citizen can file the E2 visa application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued.
The U.S. Embassy in Bogota processes E2 visas for Colombian applicants.
Embassies require different documentation by country. Click this link to see the specific requirements for E2 treaty visa for Colombia.

Family Members of Colombian E2 Visa Holders

An E2 visa holder’s spouse may live and work in the United States. Further, the spouse does not need to work for the E2 holder’s company. The spouse may work for any company that allows foreign work authorization.
If an E2 visa holder has a child under 21 years old, the child may attend school in the United States.

Hire an Attorney Experienced in E2 Applications

Immigration matters are complex. Carl Rothrock, an immigration attorney in Naples, has been licensed to practice law since 1989 and has successfully filed E2 investor applications for clients all over the world. Mr. Rothrock is admitted to appear before all Immigration Courts in the United States as well as the Board of Immigration Appeals. He represents clients globally. To schedule a free initial consultation, call the Rothrock Law Firm at (239) 330-2534.

E2 Visa China

Chinese E2 visa

Chinese E2 visa. Ft. Myers immigration attorney Carl Rothrock files E2 Visa applications for Chinese citizens who wish to operate a business in the United States. The E-2 visa is a temporary business visa that allows a foreign citizen to develop and manage a business. The citizen must contribute a substantial amount of capital in the business venture.

E2 Visa Requirements for China

A citizen of China must control the majority ownership or control of the investing or trading company.
A Chinese citizen must file the E2 application.
An E-2 visa is temporary. An embassy can issue an E2 visa for a maximum of five years; however, each country’s treaty dictates how long the treaty may be issued.
The U.S. Embassy in Bejing processes E2 treaty visas for Chinese applicants.
Embassies require different documentation by country. Click this link to see the specific requirements for E2 treaty visa for China.

Derivative E2 Visa for Spouse and Child

The spouse of an E2 visa holder may live and work in the United States.
The child of an E2 visa holder may attend school in the United States. The child must be under age 21.