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Joshua Joseph Despain

Joshua Joseph Despain

Wilner & O'Reilly APLC
  • Immigration Law
  • Colorado, Executive Office for Immigration Review, USCIS
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law

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
Business immigration: What 2021 will bring for foreign entrepreneurs in the U.S.
The Vertical
J.J. Despain of Wilner & O’Reilly: “Optimism”
Thrive Global
Top Lawyers: J.J. Despain of Wilner & O’Reilly On The 5 Things You Need To Become A Top Lawyer In Your Specific Field of Law
What immigration options are possible for my family in Afghanistan?
Wilner & O'Reilly
Car ownership for DACA and undocumented citizens
Having an advocate on your side can make all the difference
Wilner & O'Reilly
What are the legal stakes for DREAMers if DACA is terminated?
The Millennial Source
COVID-19: Does receiving money from the CARES Act affect my immigration status?
Wilner & O'Reilly
The Public Charge Rule is Back (For Now)
Wilner & O'Reilly
The first-generation law student job search: Different and difficult
American Bar Association
Does Immigration Check Your Social Media?
Wilner & O'Reilly
H-1B Visa Program
Riverside Lawyer
USCIS policy changes on denials, NTAs, and RFEs
Wilner & O'Reilly
Supreme Court Decides Sessions v. Dimaya
Wilner & O'Reilly
Wilner & O'Reilly
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
6 Questions Answered
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.
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.
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Wilner & O'Reilly APLC
10173 West Overland Road
Boise, ID 83709
Telephone: (208) 391-2020