Tag Archives: immigration lawyer Fort Myers

Becoming a Citizen

Naturalization

Carl Rothrock is an immigration attorney in Fort Myers, Cape Coral, and Naples.  He files N-400 and 600 applications for naturalization and eventual citizenship.

The pathway to United States citizenship starts with a visa.  A person might come to this country as a family member or as an employee.  The person then adjusts their temporary status to permanent status through a green card.  After obtaining a green card, the person then files a petition for naturalization  so that he or she can become a United States citizen.

naturalization

Naturalization ceremony

Requirements for Naturalization

  • Lawful admission to the U.S. as a permanent resident;
  • At least age 18 (if applying alone.  Child under 18 may be naturalized if applying with a parent).
  • Continuous presence in the U.S. for a specified period depending on the type of applicant.  (If you are married to a U.S. citizen, you must physically reside in the U.S. at least eighteen accumulative months prior to applying for naturalization. If you are not married to a U.S. citizen, then you must physically reside in the U.S. at least thirty accumulative months prior to applying for naturalization).
  • Physical presence in the U.S. for a specified period depending on the type of applicant;
  • Knowledge of U.S. history and government;
  • Proficiency in English;
  • Good moral character.

Benefits of Naturalization

  • A permanent resident is not required to become a citizen and may reside in the United States indefinitely as a permanent resident.
  • A citizen can vote in national and local elections, but a permanent resident cannot vote in U.S. elections.
  • A citizen can exit and enter the U.S. without any regard to time spent outside of the U.S. Permanent residents could risk losing their status if they leave the U.S. for extended periods of time.
  • A U.S. citizen can petition for the admission of alien relatives to the U.S.  Permanent residents cannot file all the same petitions the U.S. citizen can.

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

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 Visas

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.

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

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 EB2 attorney

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.

 

EB2 National Interest Waiver

EB2 Visa – National Interest Waiver

National Interest Waivers Cape Coral FL Rothrock Law Firm

Carl Rothrock: Immigration Lawyer in Cape Coral, FL

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

EB2 National Interest Waiver

  • The requirements for EB2 National Interest Waiver are similar to that of applicants with extraordinary ability.
  • 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 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.

Choose a Qualified Immigration Attorney to Represent your Interests

Carl Rothrock, an immigration lawyer in Cape Coral, 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 239-206-8252.

EB2 Visa Exceptional Ability

EB2 Visa – Exceptional Ability

Carl Rothrock Ft Myers EB2 Exceptional Ability Attorney

Carl Rothrock, Naples 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

EB2 Visa 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.
  • The government caps the number of EB2 visas to approximately 40,000 per year.  Most countries do not have a long wait list; however, Indians have unreasonably long wait times in this category.  Click here to see current processing times for EB2 visas per country.
  • 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.

Choose a Qualified Immigration Attorney to Represent your Interests

Naples immigration attorney Carl Rothrock 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.

EB2 Advanced Degree

EB2 Visa – Advanced Degree

Carl Rothrock Ft Myers EB2 advanced degree  attorney

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.

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.

 

E2 Treaty Visa Germany

E2 Treaty Visa  Germany

E2 Visa Germany | Rothrock Immigration Lawyer Naples | Ft Myers | Boca Raton

Carl Rothrock is a Florida immigration attorney who files E2 Visa applications for citizens of Germany.

E2 Treaty Visa Germany.  Carl Rothrock, immigration attorney in Fort Myers, Florida, files E2 treaty visa applications for Germany citizens 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.  The Rothrock Law Firm has represented thousands of clients from more than 100 countries and has offices located throughout Florida.

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 the E2 application.
  • An E-2 visa is temporary. The initial E-2 visa allows the foreign citizen to stay in the U.S. for a maximum of (2 to 5 years).
  • 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 the Rothrock Law Firm at (239) 206-2363.

601 Waivers

601 Waivers | Rothrock Immigration Lawyer – Naples, Fort Myers, Boca Raton

601 Waivers | Ft Myers Immigration Lawyer Carl RothrockCarl Rothrock is an immigration lawyer in Fort Myers, Florida, who files I601 waivers for unlawful presence, fraud, and criminal convictions.  United States immigration law lists several reasons why a foreign citizen cannot enter the United States or obtain a green card.  The 601 waiver forgives the act. An immigrant may file a waiver for different reasons.

Types of 601 Waivers

  • Waiver for health reasons:  The immigrant may file a 601 waiver for  failure to get immunized.  In addition, the immigrant may file a 601 waiver for having a communicable disease.
  • Waiver for criminal records: The immigrant may file a 601 waiver for committing a crime; however, the government will not grant the waiver for most drug offenses.
  • Waiver for Misrepresentation or fraud:  The applicant may file a 601 waiver for making false statements on a visa application. Further, this type of waiver covers false statements at interviews.
  • Waiver for Unlawful Presence.  The applicant may file a 601 waiver for entering the United States without a valid visa. The I601A waiver is unique because the applicant does not need to leave the country while the application for waiver is pending.

The filing of an I601 waiver is very complicated.  The request is typically accompanied by hundreds of pages of supporting documentation.  The chief reason the government denies waiver applications is lack of documentation.  The Rothrock Law Firm has represented thousands of clients from more than 100 countries and has successfully obtained waivers for clients. If you are looking for a 601 waiver attorney or 601A waiver attorney in Ft Myers or Naples, call Carl Rothrock at 239-206-2363.