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Joshua Joseph Despain

Joshua Joseph Despain

Wilner & O'Reilly APLC
  • Immigration Law
  • Colorado, Executive Office for Immigration Review, USCIS
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J.J. Despain is a managing attorney in Boise for W&O’. He is admitted to the Colorado State Bar and practices mostly family-based and employment-based immigration law. J.J. has represented clients in over 100 interviews with USCIS. He has participated in events at community centers in both Utah and Idaho to present issues in immigration law and speak about the many possibilities available to potential clients. J.J. graduated from Brigham Young University, where he earned a bachelor of arts in communications with an emphasis in print journalism. He spent two years as an opinions editor, sports editor, and web editor for the campus newspaper, The Daily Universe. J.J. also earned minors in both Spanish and political science. After his undergraduate studies, J.J. attended law school at the University of Iowa College of Law. In Iowa, J.J. was the president of the student chapter of the J. Reuben Clark Law Society, a managing editor of the Iowa Law Review, a judicial clerk for the Honorable Stephanie M. Rose of the U.S. District Court for the Southern District of Iowa, and was involved with the Latino Law Students Association and Sports Law Society.

J.J. previously worked with Catholic Charities of Central Texas in Austin, Texas, where he led the office’s DACA renewal process for clients, and also assisted with U-visas and I-601A waivers. He also worked in Austin with Texas RioGrande Legal Aid on cases involving housing disputes. Back in Iowa City, J.J. assisted with Cole & Vondra, PC, in putting on Know Your Rights seminars for the local immigrant community, and with the Iowa Legal Aid Pro Bono Project.

In his spare time, J.J. enjoys spending time with his wife and four children, exploring the Idaho outdoors, drawing, watching sports (especially BYU), and watching movies. J.J. and his family live in Boise.

Practice Area
    Immigration Law
    Asylum, Citizenship, Deportation Defense, Family Visas, Green Cards, Immigration Appeals, Investment Visas, Marriage & Fiancé(e) Visas, Student Visas, Visitor Visas, Work Visas
  • Free Consultation
    First 30-minute consultation is free.
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Colorado Supreme Court
ID Number: 49597
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Executive Office for Immigration Review
ID Number: EE162589
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ID Number: 49597
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  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Managing attorney
Wilner & O'Reilly APLC
- Current
Associate attorney
Wilner & O'Reilly APLC
- Current
Practicing family-based immigration (U-visas; I-601A, I-601, and I-212 waivers; I-130 petitions; I-360 petitions, e.g., VAWA petitions and SIJS petitions; consular processing; adjustment of status; K1 visas; asylum) Practicing employment-based immigration (PERM labor certifications; I-140 petitions; H visas; E-2 visas; L-1 visas; TN visas) Advocating for clients in U.S. Citizenship & Immigration Services interviews Representing clients in Executive Office for Immigration Review hearings Leading CLE seminars for the firm’s attorneys and paralegals Mentoring legal interns Presenting immigration issues at community events in Utah and Idaho Publication: H-1B Visa Program, RIVERSIDE LAWYER, vol. 68, no. 9, pp. 8–9 (Oct. 2018)
Managing editor
Iowa Law Review
Edited articles and notes, focusing on Bluebook format and other technical aspects
Legal intern
Catholic Charities of Central Texas - Immigration Legal Services
Led DACA status renewal process, including interviewing clients, and preparing applications Interviewed clients and prepared their applications, usually in Spanish, for U-visas, I-601A waivers
Judicial extern for The Honorable Stephanie Rose
U.S. District Court for the Southern District of Iowa
Wrote and researched for drafts of memoranda and orders Observed trials and hearings with judicial clerks
University of Iowa
J.D. (2015) | Law
Honors: Boyd Service Award with Highest Honors Pro Bono Society
Activities: Managing Editor of the Iowa Law Review President of J. Reuben Clark Law Society Latino Law Students Association International Law Society Sports Law Society Texas RioGrande Legal Aid Iowa Legal Aid Pro Bono Project Immigration Know Your Rights Seminar
University of Iowa Logo
Brigham Young University
B.A. (2011) | Communications
Activities: Minor in Spanish Minor in political science
Brigham Young University Logo
Boyd Service Award with Highest Honors
University of Iowa College of Law
Pro Bono Society
University of Iowa College of Law
Professional Associations
Colorado Bar Association, Immigration Law Section
Executive Council Member
- Current
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American Immigration Lawyers Association
- Current
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State Bar of Colorado  # 49597
- Current
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Colorado Bar Association, Immigration Law Section
- Current
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Articles & Publications
H-1B Visa Program
Riverside Lawyer
From Off the Bench: The Potential Role of the U.S. Department of Education in Reforming Due Process in the NCAA
Iowa Law Review
Speaking Engagements
Immigration Lawyer Talk, Driggs, ID
Hispanic Resource Center of Teton Valley
Websites & Blogs
Wilner & O'Reilly Team
Legal Answers
4 Questions Answered
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
A: 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 requirements and also fills out an I-864 and includes his/her own financial records as well. More paperwork and makes the case a little more complicated, but nothing that should be a negative consequence.
Q. If a person is a permanent resident, can he/she get their pension sent to another country outside of the USA?
A: 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 United States. Here are couple of helpful resources: There are some other things to be aware of when a permanent resident leaves the United States. If he leaves the United States for more than a year, without getting a re-entry permit first, then he will lose his permanent residency. If he leaves the United States for more than six months, it could delay his eligibility for U.S. citizenship. Talk with a Social Security expert or other expert on pensions and retirement benefits to know for sure how a move might affect you.
Q. I got rejected from my Green Card application because I left the country and came back. Is it possible to reapply?
A: 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, the good news is that if you qualified for the green card before, that probably hasn't changed. If you came back to the United States legally, then you can try again with a new I-485. (Also, if you applied with an I-130 or an I-140 petition, it's very possible that the petition wasn't affected and is still approved.) If you want to talk more about the situation, and how me and my office can help, feel free to email me at, or call my office at (208) 391 2020 to schedule a phone consultation. The first consultation is totally free.
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Contact & Map
Wilner & O'Reilly APLC
10173 West Overland Road
Boise, ID 83709
Telephone: (208) 391-2020
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