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Idaho Immigration Law Questions & Answers
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 »

1 Answer | Asked in Immigration Law for Idaho on
Q: Am perm resident. Want to marry illegal who overstayed visa. Is it better to become USC first, or marry, then become USC

I want her to become permanent resident and know the big difference in USC vs PR waiting time and rules. So I do not want to endanger her chances to become PR. If she married a PR who then became a USC, would we have to follow PR marriage rules or since I am a citizen when we file, we would follow... Read more »

Jordan C. Moody
Jordan C. Moody answered on Mar 14, 2019

If you petition a spouse as a PR, and then become a USC while the petition is pending, you can change the visa category. So I would advise you to start both the petition and naturalization processes now.

1 Answer | Asked in Immigration Law for Idaho on
Q: I am on F1 visa.My parents are residents here and they have filed I-30 for me. Embassy or USCIS office for interview?
Kyndra Mulder
Kyndra Mulder answered on Feb 15, 2019

First: It depends on your age.

Second: Because your parents are LPR's and not naturalized (assuming you are a son and not a child) you will need to adjust from outside the country.

Third: Your adjustment will be faster if your parent's are USC's, Nevertheless you may...
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2 Answers | Asked in Immigration Law for Idaho on
Q: How quickly can I get a fiancée visa for my future wife who's a Japanese citizen?
Ms Grace I Gardiner
Ms Grace I Gardiner answered on Nov 16, 2018

Right now it’s taking seven to eight months for the interview. It takes six months for the approval of the visa itself

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1 Answer | Asked in Immigration Law for Idaho on
Q: Can I renew my license with the I-797 notice action in Idaho?

My license is about to expire in 7 days and I need to renew my license to be able to drive to work.

Jordan C. Moody
Jordan C. Moody answered on Sep 13, 2018

The I-797 notice of action is the same title for all government receipts, so more information is needed. Reach out to an attorney in your area. Some of them offer free consultations. This answer will depend on the type of application you have filed.

1 Answer | Asked in Immigration Law for Idaho on
Q: My friend was beat, robbed, held at gunpoint , home broken into. I-918 needs signed. Cops won't sign..WHY??

Maybe because it's a case of racisim?? Someone has to sign this I -918 for the U-Visa.my friend IS a Victim of Crime. We have all the proof

Carl Shusterman
Carl Shusterman answered on May 30, 2018

Your friend should meet with an immigration attorney who is experienced in U visas.

2 Answers | Asked in Immigration Law for Idaho on
Q: For the U Visa I'm having the local law enforcement sign I-918 form!! I would greatly appreciate it if I could get help

I'm hving trouble with local law enforcement not signing the I-918 form

Carl Shusterman
Carl Shusterman answered on May 30, 2018

If law enforcement will not sign the I-918, you are ineligible for a U visa.

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1 Answer | Asked in Immigration Law for Idaho on
Q: Hello , I'm filing for a U-Visa I can't get local law enforcement to sign the I-918 ( SuppB) what can I do?
Carl Shusterman
Carl Shusterman answered on May 30, 2018

This is a requirement for a U visa.

1 Answer | Asked in Immigration Law for Idaho on
Q: If someone I contract out with hires illegal aliens, am I going to get prosecuted?
Carl Shusterman
Carl Shusterman answered on May 10, 2018

Possibly. Not a good idea.

1 Answer | Asked in Immigration Law for Idaho on
Q: I'm on an I type visa and would like to get a driver's licence in the state of idaho.Is it possible? Thanks.

I would like to know what I can do to get a driver's licence.

Carl Shusterman
Carl Shusterman answered on May 10, 2018

You are on an I visa? If so, you should be able to get a drivers license. Speak with the motor vehicles department in Idaho.

1 Answer | Asked in Divorce and Immigration Law for Idaho on
Q: Does America accept divorces obtained in Denmark? (Regards to K1 visa)
Jordan C. Moody
Jordan C. Moody answered on Feb 21, 2018

With a few nuances, the rule is that if the divorce decree is accepted by a recognized government, the U.S. agencies will recognize it for purposes of immigration, K-1 in your case.

So in this situation, if Denmark recognizes the divorce with the documentation that you have, then U.S....
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1 Answer | Asked in Criminal Law and Immigration Law for Idaho on
Q: can a european citizen visits an inmate in USA state prison? Is it even possible are they any options? please help.

I have meet stephen newman on penpal add an i have been writing to him for 4 years now, and i would really love to visit him, since we started to dating last year.

Jordan C. Moody
Jordan C. Moody answered on Jan 5, 2018

That will depend on the rules of the prison, but the process would be to call the prison and ask if a person would be able to use a foreign passport as a form of ID during an inmate visit.

1 Answer | Asked in Criminal Law and Immigration Law for Idaho on
Q: I'm the victim of domestic violence/strangulation and with minors present, can I drop the charges and set the abuser fr

this is in Idaho - my husband/boyfriend has been jail a week. I want to drop the charges that I never put, the hospital put the charges, but I dont want him to get charged. this was his first offense.

what can I do?

the prosecutor has been pushing me to testify against him and if... Read more »

Jordan C. Moody
Jordan C. Moody answered on Nov 21, 2017

This is a question for a criminal defense attorney, and I would seek a consultation with a one as soon as possible. But the prosecutor cannot have your children taken away if you refuse to testify. That can only be decided by a judge.

If there were signs of physical injury, the prosecutor...
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1 Answer | Asked in Family Law, Immigration Law and Criminal Law for Idaho on
Q: can a person with no amercian citizenship visit a incarcerated?

Hi!

im from europe and i have a boyfriend in usa Idaho orofino prison, we known each other for 4 years and i want to visit him, but we dont know if its even possible that someone out of States could visit an inmate? please help me, i have contacted several lawyers and never got a specific... Read more »

Jordan C. Moody
Jordan C. Moody answered on Sep 28, 2017

That's going to depend on what identification documents the prison will accept. Call the prison where your boyfriend is being held and ask them what forms of ID would be accepted for visits. A foreign passport should be sufficient for them.

1 Answer | Asked in Immigration Law for Idaho on
Q: Can I apply for asylum if I change my religion while in the United States

Im a F1 student in the United States. I've been studying here for 2 years and still have 2 more years to graduate. Im a citizen of Jordan, Three months ago I converted from Islam to Christianity. Can I apply for asylum to avoid persecution in my home country if I go back?

Jordan C. Moody
Jordan C. Moody answered on Aug 22, 2017

Yes. You will not need to worry about the one year deadline because of a change of circumstances, and because you are in current lawful status. Consult an immigration lawyer for specific direction based on your specific case.

1 Answer | Asked in Immigration Law for Idaho on
Q: What is adjustment of status?
Jordan C. Moody
Jordan C. Moody answered on Jun 23, 2017

Adjustment of status is when a non-immigrant visa holder "adjusts status" to that of a legal permanent resident, or green card holder. An example would be a student visa holder marrying a U.S. citizen and "adjusting status" to that of a legal permanent resident green card... Read more »

2 Answers | Asked in Immigration Law for Idaho on
Q: Is the local police force in my town required to work with ICE?
Jordan C. Moody
Jordan C. Moody answered on Apr 20, 2017

Local law enforcement can choose to work with ICE, but they can also choose not to. States and municipalities do not have any obligation to enforce federal laws, including immigration enforcement. It will depend on your local law enforcement's policy.

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1 Answer | Asked in Immigration Law for Idaho on
Q: My British Company has been hired to host an event in the US. Will we need work visas?

We host large wedding / festival like events with accommodations, restaurants, etc for high end guests. We have been hired to host one of these events in the US. We will be paid in advance and will hire many US contractors to do much of the work, but we'll need a core team of us from England... Read more »

Jordan C. Moody
Jordan C. Moody answered on Feb 20, 2017

When will this take place, and who is the U.S. company contracting you? How big is the core team? Two weeks is a very short time, so you might just look at a way to use the ESTA program. For something bullet-proof, you might want to do P visas if we can classify your core group as an... Read more »

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