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Questions Answered by Joshua Joseph Despain
1 Answer | Asked in Immigration Law for Idaho on
Q: Will I face any issues or questions at the immigration/immigration office?

I am planning to travel to India, and I have a question regarding my return to the USA. I currently have an employer but don't have any clients. Could you kindly inform me if there might be any potential issues I could face in this situation during immigration? Will they ask any questions at... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Jun 6, 2023

It depends on what status you have in the U.S. If you are a U.S. citizen or U.S. permanent resident, you will have no problem coming back to the U.S. with your U.S. passport or green card. If you have H-1B worker status or F-1 student status, you can also travel, but you may need to apply for an... View More

1 Answer | Asked in Immigration Law and Education Law for Idaho on
Q: I attend barber school with out a legal status in the US , but now that i finished I can't get my license cause of it

But the only reason I attend barber school was cause the school were the ones that told me I didn't need a legal status that w just my ITIN I could get my barbers license but once I finished school and submitted my application to the state for the license they said I needed so type of permit... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Jul 11, 2022

I don't know much about barber school and barber licenses, but it is very possible that the school requires different credentials from the agency that issues the licenses. In other words, your immigration status or lack of status might have not been an obstacle to the school, but it still an... View More

2 Answers | Asked in Immigration Law for Idaho on
Q: I didnt file tax return. I didnt make enough. I am trying to help my husband... will he not be able to get his green

I have everything for affidavit... just tax return I don't have. He is finishing school this year... I don't want him angry

Joshua Joseph Despain
Joshua Joseph Despain
answered on Sep 21, 2020

Even if you know you did not make enough income to qualify as a sponsor, if you are the petitioner you will still need to fill out the I-864 affidavit of support form and include financial records. It should not disqualify the case as long as you find a joint sponsor who does meet the income... View More

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1 Answer | Asked in Immigration Law for Idaho on
Q: If a person is a permanent resident, can he/she get their pension sent to another country outside of the USA?

If the permanent resident decided to leave the country, could his pension be sent to his country of origin?

Joshua Joseph Despain
Joshua Joseph Despain
answered on Feb 3, 2020

It depends on what you mean by "pension." For Social Security benefits, you can usually still get those outside of the United States. It depends on what country your citizenship is from and what country you are going to. However, Medicare benefits cannot go to someone outside of the... View More

3 Answers | Asked in Immigration Law for Idaho on
Q: I got rejected from my Green Card application because I left the country and came back. Is it possible to reapply?

Hello! Thank you for taking my question. I was in the process of applying for my Green Card on an I-485 visa and I left the country because I had a travel visa that did not expire. I thought that it would've been okay to do because I had a travel visa but unfortunately, my application still... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Nov 11, 2019

Yes, it's likely that you will be able to apply again. Unfortunately, if you leave the United States while the I-485 is in process, and you don't have advance parole, then USCIS treats your application like you are no longer interested in the green card, and you have to start over. But,... View More

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1 Answer | Asked in Immigration Law and Adoption for Idaho on
Q: Hi! How do I help my orphaned brother (17 y.o.) immigrate to the US now that I've been granted asylum status? Thanks!

I was just granted asylum and will be applying for a green card next year. However, I worry about my younger brother who is still in my country of origin. He is 17 and he is the only immediate relative that I have there. Since we lost our parents at a young age, I assume that role for him, even... View More

Joshua Joseph Despain
Joshua Joseph Despain
answered on Nov 7, 2019

Unfortunately, after being granted asylum, you cannot sponsor or petition siblings, only spouses and children. So you would not be able to sponsor your brother directly. You would have to wait until you are a U.S. citizen to directly petition him. Or, he might have another way to come into the... View More

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