Who Needs to Submit Form G-28 With an Immigration Application

If you are submitting your immigration application to any Department of Homeland Security agency, you will submit numerous documents and forms. One of them is Form G-28, which ensures the government recognizes your immigration accredited representative or attorney. When you file this form, your attorney can communicate with immigration authorities on your behalf, ensuring your case is organized and communication is smooth. It also protects your privacy.

Defining Form G-28

The Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) is the paperwork an applicant uses to appoint a lawyer, a law student working under a qualified lawyer's supervision, or a certified representative for various immigration processes. It authorizes the lawyer to represent you with different authorities within the Department of Homeland Security throughout your immigration case. These agencies include the following:

  • United States Customs and Border Protection

  • United States Immigration and Customs Enforcement

  • United States Citizenship and Immigration Services

The Department of Justice must recognize your accredited representative through the Recognition and Accreditation Program. The representative should work for recognized nonprofit firms, including social service, charitable, or religious organizations, authorized to offer immigration legal services, either as a volunteer or employee.

You submit G-28 alongside your immigration petition or application. That means USCIS processes it simultaneously with the application and knows your accredited representative or designated attorney from the outset of your immigration journey.

If you are an immigrant submitting your immigration application or petition yourself or are in removal proceedings and do not have a lawyer, you should not submit the G-28. It is not necessary to have a lawyer representing you, though retaining one can make the process easier and help prevent costly mistakes.

Assuming your case is handled by DHS officers outside America, you might seek representation with a foreign attorney. In that case, if your attorney is not certified to practice in America, you should bring Form G-28.

Additionally, you cannot use G-28 if any of the following apply:

  • You are a beneficiary of a petition; the USCIS does not consider beneficiaries

  • You want to file your petition with the Board of Immigration Appeals (BIA) or immigration court. Instead, you should use EIOR27.

Here are situations when you require G-28:

  • Filing your immigration petition or application—If a lawyer is helping you with a petition, request, or application to the USCIS. It can be filing green card applications, naturalization requests, or work visa petitions. You should submit a G-28 to notify the USCIS that a lawyer is representing you.

  • Attending USCIS hearings or interviews—If you are scheduled for a hearing or interview with the USCIS, filing a G-28 allows your accredited representative or lawyer to attend the hearing or interview, communicate with the U.S. Citizenship and Immigration Services, and handle relevant follow-up action or documents.

  • Receiving USCIS official notices—When a lawyer is representing you, a G-28 allows the USCIS to send decisions, notices, and updates associated with your case to the legal expert. It comprises notifications of missing documents, changes in case status, and biometrics appointments.

  • Responding to notices of intent to deny or requests for evidence—If the U.S. Citizenship and Immigration Services sends a notice of intent to deny or request for evidence, your representative or lawyer should bring a G-28 to ensure they can act on your behalf and address issues the USCIS raises.

  • If you are facing deportation or removal proceedings before a judge, a G-28 allows your representative or lawyer to represent your case in immigration court and manage legal issues throughout the case.

Where and When Do You File Your Paperwork?

When filing your immigration petition or application, you should attach your completed form to alert the USCIS of the representation. If you hire your representative or attorney after your first filing, your representative or attorney should submit their G-28 separately by mail or via your United States Citizenship and Immigration Services online account.

If the ICE is handling your removal or enforcement proceedings, your accredited representative or lawyer should bring a G-28 to the ICE office handling the matter. It can include cases related to deportation, supervision, or detention.

Regarding cases before the Board of Immigration Appeals or immigration court, you should bring G-28 under the Executive Office for Immigration Review policy manual.

U.S. Citizenship and Immigration Services accepts electronic G-28 submissions via the myUSCIS account portal. Your accredited representative or attorney can add the account to your case, upload supporting documents, and receive your electronic notifications. Generally, electronic submissions offer reliable notification delivery, prompt confirmation of legal representation, and more seamless access to updates.

If you are making a paper filing, both you and your representative should provide a handwritten signature. The USCIS rejects incomplete and unsigned forms. When submitting your paperwork by mail, ensure the page number and edition date are consistent and visible on every page.

G-28 Processing Time and Edition

Each USCIS form has an edition date at the bottom of the page. The form's edition date dictates its validity. Using an obsolete edition could lead to rejection.

Your G-28 does not have a different waiting or adjudication period. After the United States Citizenship and Immigration Services receives it alongside the immigration form, it becomes part of the case records. The USCIS will update the system to include the legal representation after receipt.

Updating and Withdrawing G-28

It is not uncommon for representation to change during immigration cases. Withdrawing G-28 refers to your accredited representative or lawyer ending their representation in your immigration case. To successfully withdraw, your lawyer should send a written notice or signed letter to the appropriate authority (EOIR, ICE, or USCIS) indicating the intention to withdraw and highlighting a particular matter.

You can also revoke your representation. If you retain another lawyer, the new counsel should bring another G-28, which replaces your previous form. After the withdrawal, USCIS communications will return to you by default unless you designate another representative.

If your representative changes their address, you should update the address for pending cases. You can make a written address change request or file another G-28. If the representative has a USCIS online account, they can submit updates for immigration cases associated with your account via the portal.

Please ensure timely updates to prevent missed deadlines or misdirected mail.

Completing G-28

Typically, a legal representative completes this form, and it has the sections below:

Details about Your Legal Representative

Part 1 is where your representative writes their name, contact details, and address. Additionally, they should include the USCIS online number.

Eligibility Details for the Representative

In this section, your representative or lawyer states whether they are a law graduate student supervised by an accredited representative or attorney, an accredited representative, or an attorney.

The attorney should indicate their bar number or the jurisdiction where they are certified. They should also highlight where they are under any disbarment, suspension, or any other restriction of their capacity to practice law. If your lawyer is under any of these orders, they should explain further in Section Six: Additional Information.

If your representative is a law graduate or student, they should provide the information for their supervising accredited representative or supervising attorney in this part. The section should include the details of the law graduate or student, and they should also sign Part Five.

Notice of Appearance

In Part 3, your representative highlights the DHS authority to handle your immigration case.

Your representative should indicate the case in which you need help.

Moreover, they should include your name, contact details, address, alien registration number, and USCIS online account number.

Your Permission to Representation

Your signature functions as your consent to legal representation. You should also check a box stating that you want the USCIS to send the original notices to your representative instead of you. Moreover, you can request that USCIS send your identity documents, such as a resident card, to your representative.

Your accredited representative or attorney should sign this form in part five. The law graduate or student should also sign if applicable.

Tips for Filing Your Form Via Mail

Please ensure you read, understand, and comply with the following filing instructions; the tips will help ensure USCIS accepts your paperwork for processing.

  • You can download the form from the USCIS website, complete it electronically, and print it to submit by mail. You should not mail the form if you have brought it online. Also, avoid using the online system to complete your form for mailing and printing. The USCIS will reject any online form that you print and mail to the lockbox.

  • Ensure you download and complete the latest version of the form. If you want to correct or revise your form, ensure you complete the new pages using the same version.

  • Ensure your form's page numbers and edition date are visible at the bottom of your printed pages. You can adjust the margin or scale in the print settings to ensure the edition date and page number are visible at the bottom of your printed pages.

  • When you handwrite your responses, use black ink. USCIS uses grayscale and black-and-white scanners that do not correctly read details highlighted or corrected with correction tape or fluid. If you make a mistake, begin again using a new form.

  • Ensure you complete your form unless it instructs you to skip an item. USCIS could reject the submission for missing details.

  • Sign the form in the designated space. The USCIS could reject or return unsigned forms.

  • Finally, print your form single-sided on 8½-by-11-inch paper.

Why Filing G-28 is Essential

Filing G-28 comes with numerous benefits, including the following:

  • When you submit a G-28, you ensure your representative or lawyer receives correspondence from the USCIS. It eliminates the need for you to forward updates or documents from USCIS to your representative or lawyer, as they receive them directly.

  • It authorizes your representative or lawyer to act on your behalf as far as immigration matters are concerned. It includes filing documents, attending hearings or interviews, and making inquiries. In other words, the form allows the USCIS to recognize your lawyer as your official point of contact.

  • Peace of mind—You can rest assured when you know an experienced attorney or representative is managing your immigration case, mainly during stressful moments, like decisions about your status or interviews. The peace of mind permits you to focus on other facets of your life.

  • Filing G-28 allows an accredited representative or attorney to receive and handle your sensitive immigration documents. It ensures your confidentiality and offers another layer of privacy when dealing with various government agencies.

  • Legal guidance—Your representative or attorney could offer you competent legal advice that can be essential when facing complicated immigration issues, such as delays or visa denials.

  • Enhanced efficiency and accuracy—When a professional is handling your case, there is an increased likelihood of meeting deadlines, filing documents correctly, and providing necessary details to the USCIS. The professional is experienced in navigating the complex immigration laws, which could enhance your chances of obtaining a favorable case outcome.

Errors to Avoid

Here are mistakes to avoid when filing your G-28:

The Risks of Filing Many and Concurrent Forms

One costly mistake is assuming that a G-28 will cover all your applications. Every petition or application requires its G-28.

A perfect example is bringing two forms concurrently. If you and your lawyer only include G-28 on one form, the USCIS will only recognize representation for that form. If USCIS sends an update to the other form, you will receive it, bypassing your representative, and it could increase the risk of missing essential deadlines.

Submitting Incorrect or Outdated Information

Mixing form pages from different editions, or submitting an outdated version of your form, is another mistake. The USCIS updates forms regularly, and even a minor barcode or format change could lead to a rejection. Ensure you and your representative have downloaded the latest version from the USCIS official website before making any submission.

Remind your representative to confirm their details to ensure they match their latest professional credentials. When a lawyer omits or misstates details about their supervision, eligibility, or disciplinary history, it may result in your form being flagged for further review or invalidated.

Improper or Missing Signatures

A form with your signature and that of your representative is void. Typically, the USCIS rejects forms when one party fails to sign or uses the incorrect signature method. An unsigned form means the USCIS does not recognize your representative and could result in delays in subsequent case actions and communications.

If you are submitting a form, ensure the signatures are dated and handwritten. Regarding an online submission, verify the digital signature process is correct before uploading and submitting.

Linking and Filing Mistakes

You should connect your form to the right underlying immigration case. If you send your form separately or do not include identifying details such as an alien number, your name, or a receipt number, USCIS might not be able to link it properly. Moreover, confirm that you file your form with the right agency and for the appropriate proceeding.

Confusing G-28 with Form E28

E28 is for appearing in the immigration court. Therefore, avoid confusing it with G-28.

Supporting Documents to Include

Although not compulsory, attaching supporting documents can help validate the filing of a G-28. Some of the documents you can add include the following:

  • Evidence of Department of Justice accreditation for certified representatives

  • A cover letter that summarizes the background and filings of your immigration case

  • Copy of related USCIS notice

  • Retainer or client attorney agreement (you should not submit to any DHS agency, but keep it for records

Frequently Asked Questions

Here are some of the commonly asked questions:

Can You Have Many lawyers highlighted on One G-28?

No, the form allows you to name only one representative. If you have hired a law firm, they can internally deliberate about your immigration case, but only one accredited representative or lawyer can be outlined and officially recognized.

How Much Will You Pay to File G-28?

Filing G-28 is free of charge.

However, your attached immigration petition or application has its own filing fees. Your accredited representative or lawyer might charge for the time they have spent filling out the form.

Does Filing G-28 Change USCIS Processing Time?

G-28 directs correspondence and authorizes representation. It does not slow down or accelerate the processing time.

Should You File Another G-28 If You are Applying for Renewal of Your Work Permit?

Yes, you should submit another form with new applications, including extensions or renewals, regardless of whether you are using the same representative.

Find an Experienced Immigration Attorney Near Me

DHS uses G-28 to recognize your representation for your immigration case, whether a law graduate supervised by a lawyer, accredited representative or lawyer. You do not require this form if you have not sought legal assistance. Immigration laws are complicated, and a mistake could result in delays or rejections. That is why you require a California Immigration Attorney who can guide you throughout the process. Our trained lawyers are versed in the latest immigration procedures, methods, and laws. We can also complete the relevant paperwork for you, ensuring you do not miss deadlines. Please call us at 424-789-8809 to schedule your initial free consultation.

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