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Immigration Los Angeles San Francisco San Jose USA

Iranian L Visa Immigration Lawyer

L1A Visa

An L1A Visa is a visa is for a foreign worker coming to the US to perform services in a managerial or executive capacity for a US branch of a multinational company. In the broadest terms, the petitioner must establish i) that it is a qualified organization, and ii) that the worker is qualified as an executive or manager.

مهاجرت به آمریکا ویزای تاسیس شرکت
An organization is qualified if it is a US affiliate parent or subsidiary of a foreign business entity. The terms “affiliate,” “parent,” and “subsidiary” are defined by immigration regulations, and not by their generic meaning. There are additional documentary requirements which the organization must meet if it is a “new office” which our Iranian L Visa Immigration Lawyer assists you. Some of these additional documentary requirements include production of a business plan and proof of sufficient premises to house new offices which our experienced California Immigration Lawyer assists our clients preparing these documents.

A worker is qualified for the L1A visa if the person has worked for the foreign counterpart of the US organization for at least one of the past three years in an executive or managerial capacity. The terms “executive” and “managerial” are also specifically defined by immigration regulations, although the definition is intuitively logical.

L1B Visa

An L1B Visa is a visa is for a foreign worker coming to the US to perform services in as a worker applying specialized knowledge for a US branch of a multinational company. In the broadest terms, the petitioner must establish i) that it is a qualified organization, and ii) that the worker is occupation requires the application of “specialized knowledge.”

An organization is qualified if it is a US affiliate, parent or subsidiary of a foreign business entity. The terms “affiliate,” “parent,” and “subsidiary” are defined by immigration regulations, and not by their generic meaning. There are additional documentary requirements which the organization must meet if it is a “new office” which has been functioning for less than one year. Some of these additional documentary requirements include production of a business plan and proof of sufficient premises to house new offices.

A worker is qualified for the L1B visa if the person has worked for the foreign counterpart of the US organization for at least one of the past three years in a “specialized knowledge” capacity. The term specialized knowledge is very different from “specialty” as defined by immigration laws related to H-1B Visa. Specialized knowledge, as defined by immigration laws, can generally be understood as being synonymous with proprietary — something unique about the petitioning employer’s product, service, or management style, for example. This classification was created for companies which require unique in-house training not readily available in the American job applicant pool.

Contact Our Iranian L Visa Immigration Lawyer

To discuss L1A Visa/L1B visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian O1 Visa Immigration Lawyer

O1 Visa

O1 Visa -مهاجرت به آمریکا از طریق ویزا ورزشکاران و هنرمندان مشهور

The O1 Visa classification is divided into O1A and O1B sub-categories. An O1A visa is for a worker who has extraordinary ability in the sciences, education, business, athletics, while an O-1B visa is for a worker who has extraordinary ability in the arts, motion picture, or television industry. The worker must have a US employer that will employ the worker in his/her area of extraordinary ability. The petitioning employer is required to prove i) the worker has “extraordinary ability”, and ii) submit a “written consultation.

Extraordinary ability in an O1A petition is proven by demonstrating “sustained national or international acclaim.” Sustained national or international acclaim is a matter of meeting defining criteria set by US immigration law. In general, the documentation is to establish that the worker’s expertise places them among the best in their field of endeavor.

Extraordinary ability in an O1B petition is proven by a demonstrated record of extraordinary achievement in motion picture and/or television productions. A record of extraordinary achievement is likewise a matter of meeting defining criteria set by US immigration law. In general, the documentation is to establish that the worker has obtained a high level of accomplishment which has gained significant recognition.

Unless the worker will be employed in the field of arts, entertainment, or athletics, and the service has determined that a petition merits expeditious handling, a “written consultation” is required. A consultation is a written advisory opinion from a “peer group” be provided by a peer group which includes persons of expertise in the field or qualified organizations. For example, the American Guild of Variety Artists (AGVA) may provide an advisor opinion used in a petition for a stand-up comedian, or the US Professional Tennis Association (USPTA) might provide an advisor opinion used in a petition for tennis pro.

Process of Obtaining O1 Visa

Unlike H1B visas there is no quota on the number of O1 visas which may be issued every year; therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available.

An advantage of the O-1 visa is that it may be renewed indefinitely, for as long as the worker is needed. O1 Visa is also considered a “dual intent” visa, meaning that you may have immigrant visa petitions (green card) pending, and still have no problem in applying for O1 Visa extensions. Also, as previously mentioned, O1 visas are available year-round.

Iranian O1 Visa Immigration Lawyer Can Assist you Applying For GREEN CARD While You Are in the Status of O1 Visa:

Additionally, O-1 status may also be considered a path to a green card since the criteria are similar to EB-1A Aliens of Extraordinary Ability self-petitions. EB-1 is the fastest route to a green card in employment based immigration petitions. A limitation of O-1 is that your dependents, which would be in the US on O-3 status, are unable to obtain work authorization.

Documenting extraordinary ability requires meeting precise criteria with proper documentation which a skilled attorney is able to evaluate. Furthermore, if an improper or less than ideal written consultation is provided, the processing of the petition may be delayed or denied. Employers seeking to bring in the best and the brightest can’t afford any delays, and would be best served if a competent professional took care of the O-1 petition.

Contact Our Iranian O1 Visa Immigration Lawyer:

To discuss O visa petitions and other alternatives with an experienced California immigration Attorney from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

 

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Immigration Los Angeles San Francisco San Jose USA

Iranian P1 Visa Immigration Lawyer

P1 Visa for Athletes, Entertainers and artists

ویزای امریکا برای ورزشکاران و هنرمندان

The P visa classification is divided into P-1, P-2, and P-3 sub-categories. A P-1 visa is specifically for an athlete or entertainer coming to the US to perform in either a competition or with as a member of a foreign-based entertainment group recognized internationally as outstanding in the discipline for a substantial period of time. A P-2 visa is for foreigners coming to the US to perform as an artist or entertainer under a reciprocal exchange program between an organization in the US and an organization in another country. P-3 visa is for foreigners coming temporarily to perform, teach, or coach in the arts or entertainment fields in a culturally unique program.

A few examples of those who may be in the US in P-1A status include tennis players, hockey team players, and soccer team players. Essentially, those who might not be qualified under O-1, such as amateur athletes, may consider P-1A. A few examples of those who may be in the US in P-1B status include rock bands, jazz bands, circus groups and performers, and trainers. P-2 examples are similar to those of P-1A, but require that there is an exchange between persons of comparable experience and talent. Some examples of P-3 visa holders may include a singing group dealing with cultural music indigenous to their home country. Finally, a “written consultation” is generally required for all P class visas.

Process of Obtaining P Visa:

Unlike H-1B visas, there is no quota on the number of P visas which may be issued every year, therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available.

An advantage of the P visa is that it may be renewed indefinitely, for as long as the person is needed. P visa is also considered a “dual intent” visa, meaning that you may have immigrant visa petitions (Green Card) pending, and still have no problem in applying for P visa extensions. Also, as previously mentioned, P visas are available year-round.

A limitation of the P visa is that your dependents are unable to obtain work authorization.

Documenting P visa petitions requires meeting precise criteria with proper documentation which a skilled our California Immigration Lawyer is able to evaluate. Furthermore, if an improper or less than ideal written consultation is provided, the processing of the petition may be delayed or denied. A skilled professional is able to evaluate whether a P visa is the best option.

Contact Our Iranian P1 Visa Immigration Lawyer:

To discuss P visa petitions and other alternatives with an experienced California immigration lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian R1 Visa Immigration Lawyer

R1 Visa Religious Worker Visa

R1 visas are specifically for foreign workers coming to the US to perform duties of a religious worker. Applicants must prove that:

i) they are a member of a religious denomination for at least 2 years,

ii) who will work at a qualified organization,

iii) as either a minister, a religious professional, or in another religious vocation.

مهاجرت به آمریکا ویزا مبلغین مذهبی‌
The most typical R1 worker is a “minister,” which is defined as a person authorized by a denomination to perform religious worship. An authorizing official of the denomination in the US must declare the worker’s qualifications; therefore, a lay preacher cannot be authorized.
A “religious professionals” is an individual who will work in a professional capacity in a religious vocation or occupation. The key consideration is “professional capacity,” meaning that the religious vocation requires at least a US Bachelor’s degree or foreign equivalent for entry into the religious profession. Work experience can be given consideration to make up for a lack of formal education.
Finally, “other religious workers” include “religious occupation workers” which are those who perform a traditional religious function, which may include religious instructors, missionaries, translators, and religious health care workers. Donation solicitors, clerks, or any other jobs which are not inherently religious in nature, are not qualified. Religious occupation workers may be employed by non-profit organizations specifically affiliated with a religious organization. “Religious vocational workers” are also qualified, however, even if such a worker’s job is not inherent in nature. “Religious vocation” means that the person has committed themselves to a calling to religious life based on a specific demonstration of religious commitment. Formally taking vows, for example, would qualify. Monks or nuns serving their church are typical examples of religious vocation workers.

Unlike H-1B visas, there is no quota on the number of R-1 visas which may be issued every year, therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available.

An advantage of the R-1 visa over work visas like H-1B is that it does not necessarily require any specific educational background, unless you are seeking admission as a religious professional. You may also travel in and out of the US or remain in the US continuously until your R-1 visa expires. The R-1 visa may initially be valid up to 30 months, with the possibility of a single 30 month extension. The R-1 visa is a “semi-dual intent” visa. When obtaining the visa from a US consulate or embassy, the R-1 visa holder should not express intent to immigration, but does not necessarily have to maintain a foreign residence. R-1 visas may be extended even if there is a green card petition, and R-1 may be considered a path to a green card where an EB-4 petition for a religious worker is filed.

There is a 5 year limit on R-1 status, unless if the employment is seasonal for no more than a 6 month duration per year. After the 5 year limit is met, the R-1 worker would have to leave for 1 year before readmission. Another limitation is that dependents in the US are able to obtain work authorization.

Contact Our Iranian R1 Visa Immigration Lawyer:

To discuss R1 visa petitions and other alternatives with an experienced California immigration lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian TN Visa Immigration Lawyer

TN visa for Canadian & Mexican

TN stands for “Trade NAFTA.” A TN visa allows Canadian and Mexican citizens to work in the Unites States in certain professional occupations. Eligibility is met when

i) the job offered is one of the professional occupations listed in NAFTA Chapter 16, Annex 103, Appendix 1602.d.1,

ii)  that the job is “temporary,” and

iii) the worker meets the educational and/or licensing requirements for the job.

ویزا برای ملیت های کانادائی و مکزیکی
Some of the jobs listed in Appendix 1602.d.1 include: accountants, architects, systems analysts, engineers, graphic designers, lawyers, management consultants, research physicians, social workers, dentists, chemists, and college teachers. There are over 60 occupations listed.

Temporary” means that the job has a reasonable, finite end that does not equate to permanent residence. In order to establish that the alien’s entry will be temporary, the worker must demonstrate to the satisfaction of the inspecting immigration officer (whether it’s a CBP officer at a border post or an immigration officer from USCIS) that the work assignment in the United States will end at a predictable time and that the worker will depart upon completion of the assignment.

Finally, the educational requirements are established in Appendix 1602.d.1 for each respective occupation. Most occupations require a bachelor’s degree or a post-secondary diploma with 3 years of experience. Degrees, diplomas, or certificates received from an educational institution outside the United States, Canada, or Mexico must also be accompanied by an evaluation by a reliable credential evaluation service specializing in evaluating foreign documentation.

Unlike H1-B visa there is no quota on the number of TN visas which may be issued every year; therefore it can be obtained any time of the year. Premium processing, in which the petition will be processed within 15 calendar days, is also available. Canadian applicants may apply directly at a border post, and get their TN visa immediately. Mexicans would have to apply at a consular post, but they may renew at border posts.

An advantage of the TN visa is that it may be renewed indefinitely in 3 year increments, although it is important to express that the job will end at a finite period. Also, as previously mentioned, TN visas are available year-round.

A notable limitation of TN is that it is not a “dual intent” visa, which means that it would be difficult (though not impossible) to obtain one or get any extensions if an immigrant visa petition is pending. This makes it a less than ideal stepping stone to a green card, but since TN is granted for up to 3 years, an EB-1 or EB-2 level petition might be workable. Another limitation is that your dependents, which would be in the US on TD status, are unable to obtain work authorization.

TN is not the most difficult visa to apply for and document, however, our California Immigration Lawyer will be able to quickly and effectively write a TN job letter that should be convincing to even to most skeptical immigration officer that the job is temporary and legitimate. In cases that are to be filed with USCIS, our California Immigration Lawyer can counteract any misapplications law that may occur. Also, the work product of the attorney is also reusable when the TN worker applies for future extensions (simply change the dates of employment on the updated TN job letter). In other words, it’s advisable to have our Iranian Immigration Lawyer Los Angeles make sure all the documentation for the particular occupation is in order so that the application is done right the first time, thereby allowing the TN holder to do it right on their own in the future.

Contact Our Iranian TN Visa Immigration Lawyer:

To discuss TN visa petitions and other alternatives with an experienced California immigration lawyer from Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian Non-Employment Visa Immigration Lawyer

Iranian B1/B2 Visa  Immigration Lawyer

B1/B2 Visa Immigration Lawyer – Non-immigrant Visas

مهاجرت به آمریکا ویزا توریستی تحصیلی‌ نامزدی
Iranian Student Visa Immigration Lawyer

F1 Visa Immigration Lawyer – Student Visa

Iranian J1 Visa Immigration Lawyer

J1 Visa Immigration Lawyer – Exchange Visa

 

Iranian K1 Visa Immigration Lawyer

K1 Visa Immigration Lawyer – Fiancé (e) Visa

 

Contact Our Iranian Non-Employment Visa Immigration Lawyer at (650) 391-9630

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Immigration Los Angeles San Francisco San Jose USA

Iranian B Visa Immigration Lawyer

B1 Visa (Tourist) & B2 Visa (Business Visa)

The B1 and B2 non-immigrant category is classified as B-1 for business visitors and B-2 for tourism visitors.

To be eligible for a visitor visa, you would need

i)To demonstrate a purpose for your stay in the US,

ii) Prove that your stay will be temporary.

مهاجرت به آمریکا ویزا توریستی و بازرگانی
The purpose of your stay can be established with a personal statement and documentation from third parties, which varies depending on whether you are seeking to visit as a business visitor or a tourism visitor.

Anyone seeking admission to the US to visit potential schools should express that they are a prospective student when they apply for the visa so that they may change status to F-1 in the US. If this intent is not expressed, a change of status is likely to be rejected.

Our California Immigration Lawyer Los Angeles help you to prove that you intend to only stay in the US for a temporary period of time, you would have to establish ties to your home country, which would include proof that you have close members of your family in your home country, a job waiting on your return, and property.

Process of Obtaining a B1 Visa/B2 visa

Premium processing, in which the application will be processed within 15 calendar days, is not available in B-1 or B-2 applications. The processing time varies. USCIS provides a wait-time schedule. If an initial visa is sought, the consulate can schedule an appointment for you in short order.

Advantages and Limitations of a B1 Visa/B2 Visa

The B visa can be obtained more quickly at consulates or embassies than any other visa, and are multipurpose. You can eventually get a 10-year B1/B2 visa, instead of a 6 month visa. The department of state instructs consular officers to give applicants the maximum amount of time possible based on reciprocity.

Iranian B Visa Immigration Lawyer Can Assist You
Applying for Green Card while on a B Visa

It is possible, but of course, you must have had the intent not to immigrate at the time of admission. This is a complicated issue, and varies depending on various circumstances. If an individual is seeking to apply for adjustment of status after admission on a B1 Visa/B2 visa, it is important to seek guidance from an attorney to assess the risks and determine situations where it is safe to apply. As a general rule of thumb, a visitor should not do anything inconsistent with non-immigrant intent within 60 days as this creates a rebuttable presumption of fraud at the time of admission, and most certainly not less than 30 days since that creates a presumption of fraud.

Contact Our Iranian B Visa Immigration Lawyer:

To discuss B visas and other alternatives with an experienced California immigration lawyer from Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian Student Visa Immigration Lawyer

F1 Visa (Student Visa)

An F-1 visa allows foreign nationals to come to the US as a full-time academic or language student enrolled in a program leading to a degree or certificate. Note that other non-immigrant visa holders can be students in school, just as long as it does not interfere with their status.

Requirements for an F-1 visa:

i) must be coming to the US as a full-time student in a program which leads to the attainment of a specific vocational or educational objective,

ii) have already been accepted by a school approved by the government,

iii) have sufficient knowledge of English, and

iv) demonstrate the financial support needed to complete the studies without having to earn any income.

مهاجرت به آمریکا ویزا تحصیلی‌ دانشجوی
At Aria Law Group our Iranian Student Visa Immigration Lawyer will inform you that there are no limits set on the number of F-1 visas which may be issued every year; therefore one may apply any time of the year. You are also not prohibited from taking classes while a change of status to F-1 is pending, although your school may have an internal policy preventing you from taking classes.

Benefits and Limitations of F-1 Visa

While on F-1 status, you may legally work part-time on-campus during the school year, and full-time off-campus during the summer breaks by applying for it. After graduation, you may apply for Optional Practical Training (OPT), to spend 12 months in employment after your studies complete. An additional 17-month extension is available for those whose degree falls under the Science, Technology, Engineering, and Math group. As far as transfers are concerned, you may transfer from one school to another or switch programs through a simple procedure where USCIS is notified of the change.

Iranian Student Visa Immigration Lawyer Role in an F-1 Visa Application

An immigration attorney may be of assistance in preparing a change of status application in the US, but otherwise, the school should be able to assist those who are overseas seeking admission as an F-1 student. No legal assistance would be required for F-1 extensions.

Contact Our Iranian Student Visa Immigration Lawyer:

To discuss F-1 visas and other alternatives with an experienced immigration lawyer from Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian J1 Visa Immigration Lawyer

J1 Visa (Exchange Visa) and Qualified Person

A J1 visa (Exchange Visa) allows foreign nationals to come to the US to participate in a exchange program to promote the sharing of knowledge and skills in education, arts, and sciences.

In summary, to be eligible for a J1 visa (Exchange Visa), you must

i) be coming to work, study, teach, train, or consult in a specific exchange program approved by the Department of State (DOS) through its Bureau of Education and Cultural Affairs,

ii) have been accepted into the program,

iii) have enough financial ability to cover expenses in the US, and

iv) have sufficient knowledge of English to participate in the program.

Process of Obtaining a J-1 Visa

iranian-J1-visa-immigration-lawyer
There are no limits set on the number of J1 visas (Exchange Visa) which may be issued every year; therefore one may apply any time of the year. You would apply at the consulate and the visa is usually issued within a month or two from the date the application is submitted.

Benefits and Limitations of J1 Visa (Exchange Visa)

You may enter the US up to 90 days before your authorized program begins. While on J1 visa status, you even study part-time, as long as it does not interfere with your program. J1 visa dependents may also obtain work authorization as long as employment is not used to support the principal J1 visa.
The duration of stay depends on the type of program you will be participating in. For example, many trainees may stay for the duration of the program, plus 18 months of practical training. Teacher programs can last up to 3 years. International cultural exchange visitors can stay for 1 year. Foreign medical students can stay in their internship/residency for up to 7 years. There is a 30 day grace period. The main drawback in J1 visa is the 2-year home residency requirement. In many J1 visa programs, you must return to your home country for 2 years before you can apply for admission to the US, change status, or apply for a green card.

Our Iranian J1 Visa Immigration Lawyer Can Help You Applying for a Waiver to the 2-year Home Residency Requirement

The home residence requirement may be waived under the following methods:

i) a no objection letter from the foreign national’s home country’s government, (about 5 months to process)

ii) Interested US Government Agency (IGA, which is a U.S. government agency that financially supports your program or has a strong interest in your area of research or study) requesting that the DOS waive the requirement in which the DOS and USCIS must agree, (around 4.5 months to process)

iv) hardship to a US Citizen spouse or child, (around 8 months to process) or

v) a designated state health agency requests a waiver on behalf of doctors who have been offered a full-time position with a medical facility serving areas with a shortage of medical professionals. Waiver procedure and timing to file vary. You should generally apply for a J1 waiver at least 6-12 months before the end of your residency program if you are a physician. Note that a waiver is generally not available to medical residents or interns who received medical training in the US, and foreign medical graduates sponsored by the Educational Commission for Foreign Medical Graduates can not apply for a waiver based on “no objection.” Medical residents should try for H-1B Visa ideally, unless your program does not sponsor H-1B visas or if you have not passed USMLE Step 3, which is required for H-1B visa issuance

Contact Our Iranian J1 Visa Immigration Lawyer:

To discuss J-1 visas and other alternatives with an experienced California immigration lawyer from Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.

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Immigration Los Angeles San Francisco San Jose USA

Iranian Fiancé Visa Immigration Lawyer

K1 Visa, Fiancé (e) Visa and Qualified Person

The K1 visa classification is specifically for fiance (e) s of US Citizens seeking admission to the US to get married.

To be eligible for a fiancé (e) visa,

1) the petitioner must be a US Citizen,

2) both members of the couple must be legally able to marry,

3) the foreign national must have intent to marry within 90 days or entering the US, and

4) they must have personally met within the past two years.

Our Iranian Fiancé Visa Immigration Lawyer Can Help get your Fiance into the USA:

مهاجرت به آمریکا ویزا نامزدی
Proving that both members are legally able to marry requires evidence that they are both of age, and that any previous marriages were properly terminated. If, for example, the US Citizen spouse married someone overseas and previously brought them to the US then went overseas and unilaterally filed for divorce, such a divorce would not establish that the individual is now legally able to marry. Also, in first cousin marriages, state laws regarding first cousin marriage may be an obstacle to obtaining a fiancé (e) visa. The general rule is that the immigration service will accept a marriage if it happens in a state or country where the marriage is lawfully recognized.

Intent to marry within 90 days is required, but once the fiancé (e) enters, failure to get married within 90 days does not eliminate the opportunity to later get married and file for adjustment of status, but your K1 Visa status will expire. Of course, to avoid any complications, it is best to abide by the 90 day rule.

As for the requirement of having personally met the fiancé (e) within the past two years, there are exceptions. If the petitioner can prove that there are hardships which make it difficult to have personally met, the requirement of having personally met can be waived. Other exceptions include customary, cultural, or social practices which have restricted meeting before marriage.

Process of Obtaining a K1 Visa

Premium processing, in which the petition will be processed within 15 calendar days, is not available in K1 Visa petitions. The processing time varies. USCIS provides a wait-time schedule.

Contact Our Iranian Fiancé Visa Immigration Lawyer:

To discuss K-1 visa petitions and other alternatives with an experienced California immigration lawyer from the Aria Law Group, feel free to contact us by email or call us at (650) 391-9630.