When to Refer: A Consultant's Guide to Attorney Referrals
What Changed
Educational content about attorney referral situations.
Who Is Affected
Immigration consultants seeking clarity on referral obligations.
Attorney Required
This entire article is about when attorneys are required. Any situation described here should involve attorney consultation.
Why Referrals Matter
Referring clients to attorneys when appropriate is not a sign of inadequacy—it's a sign of professionalism. Knowing your limits protects clients and maintains the integrity of your practice.
Always Refer: Criminal History
ANY criminal history requires attorney review:
- Arrests (even without convictions)
- Juvenile offenses
- Expunged records
- Traffic offenses beyond minor violations
- Pending charges
Criminal inadmissibility is one of the most complex areas of immigration law. Never attempt to assess how criminal history affects immigration eligibility.
Always Refer: Prior Immigration Issues
- Previous deportations or removal orders
- Prior unlawful presence
- Denied applications
- Immigration fraud allegations
- False claims to U.S. citizenship
- Unauthorized employment history
Always Refer: Complex Family Matters
- Step-parent/step-child relationships
- Adoptions
- Prior marriages affecting petitions
- Legitimation issues
- Child custody complications
Always Refer: Waivers and Appeals
If a case involves any waiver or appeal:
- I-601 waiver
- I-212 permission to reapply
- I-290B appeals
- Any request for discretionary relief
Always Refer: Specific Case Types
Some case types always require attorney involvement:
- Asylum applications
- Removal defense
- VAWA petitions
- U-visa applications
- Cancellation of removal
- Adjustment of status with complications
How to Refer Properly
- Explain to the client that their situation requires legal advice
- Provide the client with resources to find an attorney (AILA lawyer search, legal aid organizations)
- Do not attempt to "prepare" the case for attorney review
- Document your referral in your records
Building Attorney Relationships
Consider developing relationships with immigration attorneys who:
- Accept referrals from consultants
- Can provide consultations to your clients
- Understand the consultant's proper role
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.