Joshua Joseph Despain
Wilner & O'Reilly APLC
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.
- University of Iowa
- J.D. (2015) | Law
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- 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
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- Brigham Young University
- B.A. (2011) | Communications
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- Activities: Minor in Spanish Minor in political science
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- 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
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- Edited articles and notes, focusing on Bluebook format and other technical aspects
- Legal intern
- Catholic Charities of Central Texas - Immigration Legal Services
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- 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
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- Wrote and researched for drafts of memoranda and orders Observed trials and hearings with judicial clerks
- J.J. Despain of Wilner & O’Reilly: “Optimism”
- Thrive Global
- What immigration options are possible for my family in Afghanistan?
- Wilner & O'Reilly
- Immigration Lawyer Talk, Driggs, ID
- Hispanic Resource Center of Teton Valley
- Boyd Service Award with Highest Honors
- University of Iowa College of Law
- Pro Bono Society
- University of Iowa College of Law
- 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
- Member
- - Current
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- Colorado Bar Association, Immigration Law Section
- - Current
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- Colorado
- Colorado Supreme Court
- ID Number: 49597
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- Executive Office for Immigration Review
- ID Number: EE162589
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- USCIS
- ID Number: 49597
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Free Consultation
First 30-minute consultation is free. - Credit Cards Accepted
- Immigration Law
- Asylum, Citizenship, Deportation Defense, Family Visas, Green Cards, Immigration Appeals, Investment Visas, Marriage & Fiancé(e) Visas, Student Visas, Visitor Visas, Work Visas
- English: Spoken, Written
- Spanish: Spoken, Written
- Q. I am Canadian and in US. How can I marry my American boyfriend of 2 years ASAP? My visa just changed from a J2 to an F1.
- A: Thanks for your question. The good news is that you have a fairly straightforward path to adjusting status to permanent residency. As long as you are married to a U.S. citizen, entered the country lawfully with status, and have no serious criminal history, then you should be qualified and approved. I would recommend waiting 90 days after entering the U.S. before getting married, but that is not an official rule. One other thing to check is if your J-1 visa has the two-year foreign residency requirement. Even if you changed to an F-1 visa, the foreign residency requirement would still apply.
After meeting with an immigration attorney, he or she can confirm all this with you and get you st ... Read More
- Q. Will I face any issues or questions at the immigration/immigration office?
- A: 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 H-1B visa or a new F-1 visa at the U.S. embassy in India before you return. The process for coming back to the U.S. depends on your status in the U.S. when you leave.
A consultation with an attorney will be able to help you have a more detailed answer and more detailed plan.
- 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
- A: 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 obstacle to the agency that approves or denies your license.
You may have another way to obtain immigration status. I would advise meeting with an immigration lawyer to find out if you have a pathway to immigration status separate from the school and license, so that you can then return to the license process and complete it.
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