USCIS Form G-28i Explained: Your Guide to the Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States

The United States Citizenship and Immigration Services (USCIS) utilizes various forms for different immigration procedures, and among these is Form G-28I, titled “Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States.” This specific form serves an important function in the realm of immigration law, allowing attorneys who are licensed to practice in countries other than the United States to represent clients in proceedings before the Department of Homeland Security (DHS), but with a clear stipulation that these matters are outside the geographical boundaries of the U.S.

Immigration law is a complex field that often requires professional guidance, and attorneys play a crucial role in advising and representing individuals in their immigration matters. Form G-28I is utilized to provide notice of an attorney’s intention to appear before DHS on behalf of a client. This form establishes the eligibility criteria and the necessary procedures an attorney must follow in order to represent a client in immigration proceedings conducted overseas.

It is essential that attorneys and clients understand the protocols associated with Form G-28I as well as Form G-28 as it not only represents a legal formality but also ensures that the communication channels between the USCIS, the attorney, and the client remain clear and structured. The form requires detailed information about the attorney and specifies the nature of their representation, underpinning the broader framework of immigration representation and reinforcing the integrity of the process.

Overview of Form G-28i

Form G-28i, titled Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States, is crucial for attorneys who are not admitted to practice in the U.S. but wish to represent clients in immigration matters before the Department of Homeland Security (DHS).

Purpose of Form G-28i

The specific function of Form G-28i is to notify DHS that an attorney who is legally accredited to practice in a foreign country is seeking to appear in immigration proceedings outside the territorial limits of the United States. This form facilitates the communication and legal representation necessary for handling immigration-related matters that transpire internationally.

Eligibility Criteria

To be eligible for using Form G-28i, an attorney must be in good standing and legally authorized to practice law in a country other than the United States. They must also be seeking to represent a client in proceedings or filings that pertain to the client’s immigration status with the United States government, specifically under circumstances that fall outside the geographical borders of the U.S.

Completing the Form G-28i

When filling out Form G-28i, precision and attention to detail are essential. Each section demands accurate information to establish the notice of appearance of an attorney practicing outside of the United States.

Personal Information

The attorney to be officially recognized in immigration matters must provide their full name, including family, given, and middle names if applicable. Their contact details including their address, both street number and name, as well as city or town, province, and country, must be clearly stated. The form also requires information about the attorney’s USCIS Online Account Number, if they have one.

Attorney or Representative Information

This section requires the attorney’s professional details. They are to include their law firm’s name and their role within the firm. They must also specify the type of law they practice and their license information to confirm they’re authorized to practice law in a country other than the United States.

Applicant’s Statement

The applicant must confirm their desire to have the specified attorney represent them in matters related to the Department of Homeland Security (DHS). A signed and dated statement is required, expressly appointing the attorney listed in the form.

Preparer’s Statement and Signature

If the Form G-28i is being prepared by someone other than the attorney or applicant, such as a paralegal or assistant, this section must be completed. It should include the preparer’s full name and address. The preparer is also required to sign and date the form, certifying that the information is complete and accurate to the best of their knowledge.

Filing and Submission

When an attorney licensed outside the United States seeks to represent a client in immigration proceedings, they must file Form G-28i with the U.S. Department of Homeland Security (DHS). This document serves as a notification of the attorney’s entry of appearance in a matter situated outside of U.S. geographical boundaries.

Where to File

Form G-28i should be filed at the office of the DHS where the client’s immigration matter will be considered. It is essential to ensure that the form is directed to the correct DHS office to avoid processing delays.

Filing Fee

There is no filing fee for Form G-28i. Attorneys must, however, submit the form in accordance with the specific case type their client is filing. It is crucial to adhere to this guideline to ensure proper handling and acknowledgment of the attorney’s appearance in the proceedings.

Post-Submission Procedures

After submitting Form G-28i, it is essential to understand the steps following submission, including tracking the form’s progress, estimated processing times, and required actions if an issue arises.

Receipt Notice

Upon submission, the applicant receives a Receipt Notice from the Department of Homeland Security (DHS). This notice confirms DHS has received the form and provides a receipt number. The receipt number is critical, as it allows the applicant to track the status of their submission.

Processing Times

The processing times for Form G-28i can vary significantly. They depend on case complexity and DHS workload. It is important to regularly check the status using the receipt number provided to get an updated estimate of processing times.

Inquiries and Follow-Up

If an issue arises or there is an extensive delay, the applicant can make inquiries. They should use the provided receipt number and direct their specific questions to the DHS. It’s recommended to document all communication for reference. If necessary, follow-up actions may include providing additional documentation or clarification of the submitted information.

Common Mistakes to Avoid

When completing USCIS Form G-28I, there are several common errors applicants should be vigilant about:

  • Not Using the Latest Form Version: The U.S. Citizenship and Immigration Services frequently updates its forms. Applicants must use the most current version of Form G-28I, ensuring that their representative can properly appear before the Department of Homeland Security (DHS) in matters abroad.
  • Incomplete Information: Each section of the form should be filled out completely. Missing information can lead to processing delays or even the form being returned.
  • Filing Multiple Forms for One Case: Only one Form G-28I should be submitted for each individual case. USCIS recognizes only one attorney or accredited representative at a time per case.
  • Forgetting to Sign: Both the attorney and the client must sign the form. Unsigned forms are not valid and will not be accepted by USCIS.
  • Incorrect Filing Location: Applicants should verify the correct filing location for Form G-28I. The address where USCIS directs submission may change over time.

Ensuring accuracy while being attentive to these details will help in the proper and timely processing of one’s representation for international matters involving the DHS.

Renewal and Expiry Information

When dealing with USCIS Form G-28I, Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States, it is crucial to be mindful of its expiration and renewal protocols. This form is used to establish a representative’s ability to act on behalf of a client in immigration proceedings.

Current Edition and Usage:
As per the latest update, the edition dated 05/23/18 remains valid. Applicants and representatives may continue utilizing this version even if the noted expiration date has passed, until a new edition is published.

Checking the Edition Date:
One can find the edition date at the bottom of the form. It is important to always use the most recent version to avoid delays in the processing of immigration matters.

Renewal Process:
Upon the conclusion of the matter for which Form G-28I was initially filed, if representation is required for a new matter, a fresh Form G-28I must be completed, signed, and submitted to the relevant immigration agency.

Recognition Duration:
After submission, Form G-28I is recognized until the matter’s conclusion or unless otherwise notified by the involved immigration agencies, namely USCIS, CBP, or ICE.

The below table summarizes the key points to consider:

Aspect Detail
Form Version Validity May use the 05/23/18 edition post expiration date.
Edition Date Location Bottom of form.
Renewal Requirement New form required for different matters.
Duration of Recognition Until the ending of the case or as notified.

Adhering to these guidelines ensures proper representation is maintained without interruption throughout immigration proceedings.

Legal Considerations and Compliance

Form G-28I, issued by the U.S. Citizenship and Immigration Services (USCIS), facilitates the entry of appearance for an attorney practicing outside the United States in immigration matters before the Department of Homeland Security (DHS). Attorneys must be admitted to practice law in their respective countries to utilize this form.

Key Compliance Requirements:

  • Eligibility: The attorney must be eligible to practice law in a country other than the United States and not under any restriction to represent clients before the DHS.
  • Accurate Information: All information provided in Form G-28I must be current and accurate to avoid processing delays or legal complications.
  • Timely Submission: Form G-28I should be submitted in a timely manner along with any corresponding immigration application or petition.

Documentation to Provide:

  • Proof of the attorney’s eligibility to practice law in a foreign country.
  • A signed statement from the client authorizing the attorney’s representation.

The form must be filed at the designated filing location specified by USCIS, and attorneys should adhere to the latest version of the form and instructions. It’s imperative for the legal representative to review the most recent guidance from USCIS to ensure adherence to any changes in filing procedures or documentation requirements. Failure to comply with these requirements may result in rejection of the form or negatively impact the client’s immigration matter.