Top Reasons Immigration Cases Require Attorneys in 2025
What Changed
Comprehensive list of situations requiring attorneys, updated for 2025 enforcement environment.
Who Is Affected
All immigration consultants who need to recognize when to refer—which is more often than ever.
Attorney Required
This entire article describes situations requiring attorneys. If any of these apply to a client, refer immediately.
Why 2025 Is Different
The current enforcement environment means more situations require attorney involvement than ever before. When in doubt, refer.
Inadmissibility Grounds
Any inadmissibility issue requires attorney evaluation:
Criminal Grounds
- Crimes involving moral turpitude
- ANY criminal conviction
- ANY arrest (even without conviction)
- Controlled substance violations
- Aggravated felonies
Under the Laken Riley Act, arrests for theft, burglary, larceny, shoplifting, or assault of law enforcement can trigger mandatory detention WITHOUT conviction.
Prior Immigration Violations
- Previous deportations
- Unlawful presence bars (3/10 year bars)
- Immigration fraud
- False claims to citizenship
- Unauthorized employment
Security and Other Grounds
- National security concerns
- Public charge concerns
- Health-related grounds
Specific Case Types Requiring Attorneys
Always require attorneys:
- Asylum applications
- VAWA petitions
- U-visa applications
- T-visa applications
- Removal defense
- Cancellation of removal
- TPS applications (especially with current terminations)
- Any case involving enforcement encounter
Current TPS Holders
Given terminations and litigation:
- All TPS holders should consult attorneys
- Status changes rapidly based on court decisions
- Do not assume ongoing protection
CBP One / Parole Holders
Anyone who entered through:
- CBP One app
- CHNV parole program
- Any humanitarian parole
Should immediately consult an attorney about:
- Current status
- Termination notice implications
- Alternative protections
Anyone With Enforcement Concerns
If a client:
- Has been contacted by ICE
- Has received any government notice
- Lives in an area with increased enforcement
- Is concerned about enforcement
Refer to attorney immediately.
Waivers and Appeals
Any waiver request requires attorney:
- I-601 Waiver
- I-212 Permission to Reapply
- I-601A Provisional Waiver
- All appeals to BIA or AAO
Consultant's Response
When any of these issues appear:
- Stop immediately
- Explain the situation requires legal advice
- Refer to an immigration attorney
- Do not attempt to "prepare" the case
- Document your referral
Finding Attorneys
Help clients find attorneys through:
- AILA Lawyer Search
- Legal aid organizations
- Bar association referral services
- Immigration legal services providers
The Bottom Line
In 2025's enforcement environment, the safest approach is: When in doubt, refer to an attorney.
Important Disclaimer
This article is for educational purposes only and does not constitute legal advice. ImmiKnow is not a law firm and cannot determine eligibility, provide legal strategy, or predict outcomes.
When is an attorney required? Any immigration matter involving eligibility determinations, waivers, appeals, removal proceedings, or complex legal issues requires consultation with a licensed immigration attorney.
If you are unsure whether your situation requires legal advice, consult a licensed immigration attorney.