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Questions Answered by Joshua Joseph Despain
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... Read 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... Read 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... Read 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,... Read 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... Read 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... Read more »

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