Form G-28: Navigating Attorney Representation with Ease

USCIS Form G-28, officially titled Notice of Entry of Appearance as Attorney or Accredited Representative, is a document used within the United States immigration system. It serves as an official record announcing that an attorney or accredited representative is acting on behalf of an individual dealing with immigration proceedings. This form is necessary for legal professionals who wish to communicate with the U.S. Citizenship and Immigration Services (USCIS) regarding a client’s case and to receive information pertaining to the client’s immigration matters.
Filing Form G-28 ensures that the USCIS recognizes the legal representative’s authority to act on behalf of an applicant, petitioner, or respondent. It also indicates to USCIS the preference for receiving notices and secure documents about the individual’s case. The form mandates detailed information about the representative, including

their name, contact information, and licensing authority. Additionally, it secures the client’s consent for representation and the release of their information to the designated representative.

The procedure for filing this form entails careful adherence to the current instructions provided by USCIS. It is essential for legal representatives to stay updated with any changes in the form or filing requirements, as these can affect the processing of the immigration case they are handling. With the accurate completion and timely submission of Form G-28, attorneys and accredited representatives can effectively manage their client’s immigration-related correspondences and proceedings with various DHS agencies.

Overview of USCIS Form G-28

USCIS Form G-28 is a document used to authorize an attorney or accredited representative to act on behalf of an individual in immigration proceedings. Accuracy and adherence to the eligibility criteria are critical for its acceptance by the United States Citizenship and Immigration Services (USCIS).

Purpose of Form G-28

The primary function of Form G-28 is to establish a formal relationship between an applicant and their legal representative in immigration matters. It grants the attorney or accredited representative the authority to communicate with USCIS on the applicant’s behalf, ensuring proper handling of their case.

Eligibility Criteria

To use Form G-28, the attorney or accredited representative must be eligible to represent clients before immigration services. The eligibility criteria include:

  • Being an attorney in good standing with a U.S. state bar, or
  • Being an accredited representative associated with an organization recognized by the Board of Immigration Appeals (BIA).

Filling Out Form G-28

When completing Form G-28, attention to detail is paramount as it establishes the attorney or accredited representative’s authority to act on behalf of the applicant in proceedings with USCIS.

Information About Attorney or Representative

The initial section of Form G-28 requires comprehensive details of the attorney or accredited representative. It encompasses the following fields:

  • USCIS Online Account Number (if applicable): To be filled if the representative has an online account with USCIS.
  • Full Name: Must be provided, including Family Name (Last Name), Given Name (First Name), and Middle Name, if any.
  • Mailing Address: Accurate address where correspondence should be sent.
  • Contact Information: Current telephone number, fax number, and email address.
  • Law Firm or Organization Name: If associated with a firm or organization.
  • State Bar Number (if any): For attorneys practicing within the United States.

Applicant or Petitioner Information

This subsection requests the details of the applicant or petitioner for whom the attorney or representative is appearing. This includes:

  • Full Name: Family Name, Given Name, and Middle Name.
  • USCIS Online Account Number (if applicable): Helps to link the case to the online system.
  • Alien Registration Number (A-Number) or USCIS Account Number (if available): Essential for applicants with prior records with USCIS.

Signature Requirements

Form G-28 mandates signatures to authenticate the form. The requirements are as follows:

  • Attorney/Representative’s Signature: The form is invalid without the authorized signature of the attorney or accredited representative.
  • Date of Signature: Must be the current date on which the form is being signed.
  • Applicant/Petitioner’s Signature: They also must sign and date the form to validate the representation agreement.

Notices and Documents

The final part dictates where notices and documents regarding the applicant’s case should be sent. Instructions are straightforward:

  • Attorney/Representative’s Selection: Indicating the preference for communication—whether the attorney or the applicant will receive the notices and documents.
  • Applicant’s Consent: A section for the applicant to consent to the chosen method of communication.

Compliance with these detailed instructions ensures that Form G-28 is properly submitted, authorizing the named individual to represent the applicant or petitioner in USCIS proceedings.

Form G-28 Submission Process

Form G-28, known as the Notice of Entry of Appearance as Attorney or Accredited Representative, is a crucial document for legal representation in immigration proceedings. Its submission involves specific locations, timeframes, and acceptance criteria.

Where to File

Form G-28 must be filed with the United States Citizenship and Immigration Services (USCIS) application or petition it pertains to. The form details the location where applicants or their representatives need to send their submissions; usually, this is specified on the form instructions or relates to the type of immigration form being submitted.

Timeframe for Submission

The form should be submitted concurrently with the immigration application or petition it accompanies. If a case is already in progress and no Form G-28 was initially provided, a new Form G-28 may be submitted anytime during the proceedings before a decision is issued. However, for efficiency and best practice, submitting at the earliest opportunity is recommended.

Receipt and Acceptance

Once Form G-28 is received, USCIS will issue a receipt notice to the attorney or accredited representative if it has been accepted. An individual will know their Form G-28 has been processed when USCIS directs all communication and documents to the appointed representative. If there are any issues with the form, USCIS may request additional information to resolve the discrepancies.

Communicating with USCIS

Effective communication with the United States Citizenship and Immigration Services (USCIS) is crucial when navigating immigration cases. Form G-28 plays an integral role by outlining representation and preferences for interaction between USCIS, attorneys, and clients. For notice of entry of appearance as an attorney in matters outside the geographical confines of the United States, applicants can consider Form G-28I.

Change of Attorney or Representative

When there is a change of attorney or accredited representative, Form G-28 must be submitted to USCIS. This form establishes an attorney’s or representative’s eligibility to act on behalf of an applicant or petitioner. A new Form G-28 must be properly completed and filed with the DHS office that has jurisdiction over the matter.

Address Updates

It is essential to keep contact information up to date with USCIS to ensure timely receipt of notices and documents. If a representative’s address changes after filing Form G-28, they may specify their preference for receiving secure documents from USCIS through an updated submission of the form.

Case Inquiries

For case inquiries, an attorney or accredited representative who has filed a Form G-28 can correspond directly with USCIS. The form authorizes them to receive information and notices about the case, thereby facilitating communication on case progress and decisions.

Common Issues and Solutions

Navigating the complexities of USCIS Form G-28 can often result in a few common issues. Here, solutions are provided to help applicants and representatives address these concerns efficiently.

Incomplete or Incorrect Form

Issue: A frequent problem that arises is the submission of Form G-28 that is either incomplete or filled out incorrectly.

Solution:

  • Ensure all mandatory fields are completed before submission.
  • Double-check that the information provided is accurate and matches the legal documents.
  • Follow USCIS instructions for the form closely, paying special attention to edition dates, as using an outdated version can lead to rejection.

Replacement of Attorney or Representative

Issue: Situations may require changing the attorney or accredited representative currently on record.

Solution:

  • Submit a new Form G-28 to notify USCIS of the change.
  • The new attorney or representative must sign and date the form to confirm their willingness to represent the case.
  • The applicant must also sign the form to validate the replacement.

Withdrawal of Attorney or Representative

Issue: An attorney or accredited representative may need to withdraw from a case, or the applicant may wish to terminate their representation.

Solution:

  • The attorney or representative should file a written notice of withdrawal with the USCIS.
  • The applicant should file a new Form G-28 if they have a new representative, or notify the USCIS in writing if they intend to proceed without representation.

Resources and Assistance

This section provides essential information on how to contact USCIS for assistance, where to find legal help, and guidance on how to understand and use Form G-28’s instructions effectively.

USCIS Contact Information

The United States Citizenship and Immigration Services (USCIS) can be reached for queries related to Form G-28 through their official customer service number or via their online portal. Appropriate contact details are:

  • Customer Service Hotline: 1-800-375-5283
  • For the hearing impaired (TTY): 1-800-767-1833
  • Online Assistance: USCIS Contact Page

Finding Legal Help

Individuals seeking legal assistance can find a list of accredited representatives and recognized organizations that can provide help with immigration processes, including the completion of Form G-28, on the USCIS website or through the American Immigration Lawyers Association (AILA). Resources include:

G-28 Form Instructions

The Instructions for Form G-28 provide detailed guidance on how to complete the form properly. They include step-by-step procedures and clarify the information required for each section of the form. The instructions can be accessed and downloaded directly from the USCIS website. Key aspects covered are:

  • Eligibility Criteria: Instructions define who can act as an attorney or accredited representative.
  • Document Submission: Clear guidelines on how to submit Form G-28 with the client’s application.

For the latest instructions, visit: