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Immigration Service in New York

It's not difficult to find a New York immigration service that's able to handle your case, but when you choose from the variety of options the area has to offer, a simple call to Roth Immigration Law Firm is all it takes to put you on the right track.

Attorney John Roth stands out from the competition, not only building a career as a successful attorney specializing in protecting the rights of immigrants, but obtaining an MBA from Wharton Business School, giving him license to dispense qualified financial advice. In addition, he is the area's premier attorney for handling EB-5 visas, from explaining the process to you in terms you can understand, to getting the ball rolling on your petition.

When you need the help of a New York immigration service turn to the firm that New York and New Jersey residents have been relying on since 1995. At Roth Immigration Law Firm, we have two convenient locations, and an extraordinarily competent and compassionate legal team waiting to handle a full range of your needs. Whether you need legal advice, or financial services, we're your reliable one-stop solution. Call today for your consultation!

Regional Center Selection (No charge)

This is the starting point in our EB-5 analysis. We assess your eligibility for the EB-5 visa, and provide due diligence assistance in selecting the most suitable regional center. The steps include:

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Case Evaluation

Our firm will interview you to evaluate:

  • Your eligibility for the EB-5 visa
  • Possible U.S. immigrant visa inadmissibility
  • Accredited investor status
  • Ability to prove lawful source of funds and clear path of funds
  • Other visa types that may be better suited to your needs and goals, what those visa types are, and how they might better suit your needs
  • Your investment selection criteria, including review of your personal and professional background, financial situation, risk-tolerance, industry preferences, and other pertinent characteristics to better understand your preferences and requirements in choosing among regional centers

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Initial Evaluation of Regional Centers

We will assist you in narrowing the choices of regional centers to the three best suited to your objectives. We will:

  • Share with you all information we have concerning the history, performance, financial and management features of the various regional centers
  • Provide you with a up to ten (10) “Executive Summary”-type 3 to 5 page summaries of the main business, financial, historical and organizational features of various regional centers, all having a common analytical structure to allow for easy center-to-center comparisons
  • Provide you with a due diligence analysis of selected regional centers' conformance with legal requirements for the application for the EB-5 Pilot Program visa
  • Provide you with a due diligence analysis of the selected regional centers’ conformance with legal requirements for the removal of the conditional nature of the initial permanent residence status (permanent green card)
  • Conduct up to twenty (20) hours of research on your behalf wherein our firm interacts with selected regional centers as your attorney/financial advisor to develop additional information needed to evaluate the regional centers

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Review of Offering Documents

With regard to the three regional centers of greatest interest to you, we will review:

  • The subscription agreement
  • Partnership agreement
  • Other documents proffered by the selected regional centers in advance of making the final selection of regional center

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Review of Financial Statements

We will obtain and review the following financial documents from the selected regional centers:

  • Cash flow statements
  • Net worth statements
  • Other available financial documents in order to assess the financial strengths and weaknesses of the selected regional centers

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Interview of Principals of Selected Centers

We will join you in a three-way telephone conference to interview center principals to:

  • Discuss/clarify ambiguous issues
  • Challenge marketing assertions
  • Assess principal’s knowledge and character

Final Selection of Regional Center

We will continue to provide you with whatever information is needed until you make your final selection of regional center.

Petition Preparation Service

This is the traditional service offered by immigration attorneys. It is typically restricted to petition preparation and acquisition of U.S. permanent residence status. The services includes:

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Preparation and Submission of I-526 petition

The standard I-526 petition process includes the following steps:

  • Detailed review of nature and structure of client's business/financial profile
  • Development of flow chart showing structure and operation of business entities
  • Review of client's personal and family biographies
  • Review of client's educational and business background
  • Reveiw and refinement of client curriculum vitae
  • Develop plan for sourcing funds to regional center
  • Develop and revise flowchart showing path of funds from client's personal bank account to regional center escrow account
  • Initial document request by attorney
  • Review of client documents
  • Requests for clarification, additional documents
  • Prepare Form I-526 & send to client for signature and return
  • Assemble petition (typically, 500 - 800 pages)
  • In-house review, correction, refinement of petition
  • Send PDF of petition to client for final fact-check
  • Express mail petition to USCIS at Lewisville, Texas

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Adjustment of Status / Consular Processing

The EB-5 investor receives U.S. conditional lawful permanent residence status (and the so-called "green card") through one or two methods:

If client is in the U.S. -

  • Prepare forms I-485 (Application to Register Permanent Residence or Adjust Status), I-765 (Application for Employment Authorization) and I-131 (Application for Travel Document)
  • Collect supporting documents, assemble and submit to USCIS at client’s local District Office
  • Counsel client regarding fingerprinting and biometric steps

If client is outside the U.S. -

  • Submit forms and documentation requested by U.S. National Visa Center
  • Request interview date from U.S. consulate
  • Prepare DS forms and documentation packet for client and immigrating family members
  • Counsel client regarding upcoming medical, police, immigration history and security checks
  • U.S. attorney prepares client and immigrating family members by telephone conference for consular interview
  • Overseas attorney/paralegal of Roth Immigration Law Firm prepares client and family members for interview if located in Guangzhou, Moscow, Manila or Kyiv
  • Counsel client regarding interview at port of U.S. entry and receipt of lawful permanent resident status

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Monitoring of Regional Center

We continously monitor regional centers for compliance.

  • Regular updates
  • On site inspection

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Preparation and Submission of I-829 Petition

In order to remove the conditional (temporary) nature of the initial green card, the investor must submit, during the three months preceding receipt of the original two-year green card, an I-829 Petition by Entrepreneur to Remove Conditions. Failure to make a timely application will result in a termination of green card status. The I-829 process includes:

  • Collect and evaluate regional center documentation establishing minimum of 10 jobs created by client’s investment
  • Examine regional center project to determine whether there has been any “material change” in the business plan since client’s I-526 petition was approved
  • Collect documentation from regional center and client demonstrating that client’s capital investment was made in accordance with the regional center’s business plan that the investment has been sustained continuously since client became a conditional lawful permanent resident
  • Confirm client’s and family member’s maintenance of eligibility for U.S. immigrant visa during period of conditional permanent residency
  • Submit petition to California Servicer Center

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Application for Naturalization (U.S. Citizenship)

Application for naturalization is relatively straightforward. We provide the following assistance:

  • Preparation of the form N-400 Application for Naturalization
  • Advise and study materials for taking the U.S. Naturalization Test
  • Counsel regarding swearing in ceremony

Services for Fellow Immigration Attorneys

The vast majority of immigration attorneys avoid counseling their clients about the strengths and weaknesses of the various regional centers, and with good reason. The attorneys’ code of professional responsibility requires that attorneys provide advice only in areas where they are competent to provide such advice. Few attorneys have the training, experience or time to review the intricate financial issues present in regional center selection.

Nor do they wish to violate U.S. or state securities rules prohibiting anyone except licensed broker-dealers or their registered representatives from advising clients about investments in securities such as those offered by the regional centers. Nonetheless, the clients often request such advice and the attorney is reluctant to give the client no choice but to 1) rely on either self-help in an unfamiliar and complex field, or 2) to rely on unlicensed and unregulated business consultants, who themselves are difficult to evaluate for their competence or fealty to the client’s best interests. Our office can assist the immigration attorney when his/her client requests assistance with regional center selection by accepting a referral from the attorney for regional center due diligence with the following conditions:

We accept the case with the explicit, written understanding with the client that our firm will be providing solely due-diligence investment advice and will not act as the client’s immigration attorney either now or at any time in the future.

When the regional center has been selected by the client, we send the case back to the referring attorney for preparation of the I-526, and we remain a resource for both the investor and referring attorney for any questions regarding the selected regional center’s ongoing conformance with legal and financial requirements.

SEC Registration: Protecting the Investor

The securities laws of the United States protect investors from dishonest or incompetent sellers of stocks, bonds, as well as investments in any type of “direct participation program” (which includes limited partnership and limited liability company projects offered by EB-5 regional centers). Read More

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