Form G-28, Explained
A step-by-step guide for understanding, filing, and using Form G-28 to authorize representation in your immigration case
What Is Form G-28?
Form G-28 (“Notice of Entry of Appearance as Attorney or Accredited Representative”) is an immigration form that allows an attorney or accredited representative to act on behalf of an applicant, petitioner, or respondent in an immigration matter.
For instance, an attorney may use Form G-28 when representing a client who is applying for a green card. The form notifies USCIS that the attorney will be the official point of contact for the applicant throughout the process. This allows the attorney to receive important updates, notices, and decisions from USCIS regarding the client’s case, such as requests for evidence or interview scheduling.
Who Can Use Form G-28?
Only licensed attorneys or accredited representatives (recognized by the Department of Justice) can file Form G-28 to officially represent an individual in immigration proceedings. Family members, friends, or other individuals who are not accredited or licensed cannot use this form to act on someone’s behalf.
How do I know if an attorney or representative is accredited to file Form G-28?
An attorney must be licensed to practice law in any state, territory, or possession of the United States. Accredited representatives must be recognized by the Department of Justice (DOJ) through the Board of Immigration Appeals (BIA). You can verify an attorney’s credentials through your state’s bar association or check the list of accredited representatives on the DOJ’s website.
When Is Form G-28 Required?
Form G-28 is required whenever an applicant has chosen an attorney or accredited representative to handle their immigration case. This form must be filed to authorize the representative to act on behalf of the applicant and to receive official communication from USCIS. Some situations where Form G-28 is required include:
- Filing an Immigration Application or Petition:
If an attorney is assisting with an application, petition, or request to USCIS (e.g., a family-based green card application, a work visa petition, or a request for naturalization), Form G-28 must be submitted to inform USCIS that the attorney is representing the applicant. - Attending USCIS Interviews or Hearings:
If an applicant is scheduled for an interview or hearing with USCIS (such as a green card interview), Form G-28 must be filed so the attorney or accredited representative can attend the interview on the applicant’s behalf, communicate with USCIS, and handle any necessary documentation or follow-up actions. - Receiving Official Notices from USCIS:
If an attorney is acting on behalf of the applicant, Form G-28 ensures that USCIS sends all notices, updates, and decisions related to the case directly to the attorney. This includes notifications about missing documentation, biometrics appointments, or case status changes. The applicant can rest assured that their attorney is kept in the loop. - In Removal Proceedings:
If an individual is in removal (deportation) proceedings before an immigration judge, Form G-28 is used to allow the attorney or accredited representative to represent the individual in court and manage legal matters during the case. - Responding to Requests for Evidence (RFE) or Notices of Intent to Deny (NOID):
If USCIS sends a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) related to an application or petition, the applicant’s attorney or representative must file Form G-28 to ensure they can respond on behalf of the applicant and address any issues raised by USCIS.
In all of these scenarios, the applicant’s attorney or representative is responsible for managing communication with USCIS. Form G-28 is the document that authorizes that representation.
How to File Form G-28
Filing Form G-28 is straightforward. Here are the steps involved:
- Complete the Form:
The attorney or accredited representative will fill out the form. It includes information such as:- The name, address, and contact details of the applicant/petitioner
- The name and contact details of the attorney or accredited representative
- The type of immigration case being handled (e.g., family-based petition, green card application, naturalization, etc.)
- A statement confirming that the representative is authorized to act on behalf of the applicant
- Signatures Required:
- The applicant/petitioner must sign the form to confirm that they are authorizing the attorney or representative to act on their behalf.
- The attorney or representative must also sign the form, attesting that they are accepting the representation and will comply with all relevant rules of professional conduct.
- Submit the Form Along with the Immigration Application:
Form G-28 must be filed together with the main immigration application, petition, or request that it pertains to. For example, if an applicant is submitting a Form I-485 (“Application to Adjust Status”), they should include Form G-28 with the I-485 submission. The form cannot be filed separately. - For Online Filings:
Some immigration applications allow for online submissions through the USCIS portal. In these cases, the attorney or representative can electronically file Form G-28 as part of the online application process, to ensure the representative is recognized by USCIS. - Keep a Copy for Your Records:
After submitting Form G-28, make sure to keep a copy of the completed form for your personal records. That way both the applicant and the representative have proof of the filing in case of future inquiries or issues with the case.
What happens if I change my attorney or representative during my immigration case?
If an applicant changes their attorney or representative during the course of their case, a new Form G-28 must be filed to reflect the change. The new representative must submit the form with their details, and the previous representative must formally withdraw their appearance if necessary.
What Are the Benefits of Filing Form G-28?
Filing Form G-28 has several benefits for applicants. Here’s how it can help:
- Streamlined Communication with USCIS:
By submitting Form G-28, the applicant ensures that their attorney or representative will receive official correspondence from USCIS. This includes case updates, interview schedules, Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs). It eliminates the need for the applicant to forward documents or updates from USCIS to their attorney, as the representative will receive them directly. - Authorized Representation in Immigration Proceedings:
Form G-28 authorizes an attorney or accredited representative to speak on the applicant’s behalf in immigration matters. This includes making inquiries, filing documents, and attending interviews or hearings. The form ensures that USCIS recognizes the representative as the official point of contact. - Increased Accuracy and Efficiency:
With an attorney or accredited representative handling the case, there is a greater chance that documents will be filed correctly, deadlines will be met, and necessary information will be provided to USCIS. Legal representatives are experienced in navigating the complexities of immigration law, which can improve the overall chances of a successful outcome. - Legal Protection and Guidance:
Representation by an attorney or accredited representative provides the applicant with expert legal advice throughout the process. This can be especially helpful when dealing with complex immigration matters such as visa denials, delays, or navigating legal issues related to immigration status. - Privacy and Confidentiality:
With Form G-28, the attorney or accredited representative is able to receive and handle sensitive immigration documents on the applicant’s behalf, ensuring confidentiality and providing an added layer of privacy in dealing with USCIS and other government agencies. - Peace of Mind:
The applicant can feel more at ease knowing that a qualified professional is managing their immigration case, especially during stressful moments such as interviews or decisions about their status. This peace of mind allows the applicant to focus on other aspects of their life, knowing their legal matters are being handled by a professional.
FAQs
No, Form G-28 is only necessary if you are being represented by an attorney or accredited representative. If you’re filing your immigration application or petition on your own, there is no need to submit this form.
Yes, you can submit Form G-28 after your application or petition has been filed. However, it must be submitted as soon as possible so that your attorney or representative can begin receiving official notices from USCIS. You should send the form directly to USCIS or submit it via the appropriate online portal, depending on how the original application was filed.
Without Form G-28, USCIS will not officially recognize your attorney or representative, meaning they will not be able to receive any updates, respond to requests, or attend interviews on your behalf. It is essential to submit the form so your attorney has the legal authorization to represent you.
No, there is no fee to file Form G-28. It is simply a notification form to inform USCIS about who is representing you in your immigration matter.
Yes, you can withdraw your attorney’s representation at any time. To do so, you or your attorney must submit a Notice of Withdrawal to USCIS. Once withdrawn, your attorney or representative will no longer receive official communication regarding your case.
Yes, for certain types of immigration applications and petitions, USCIS allows the electronic submission of Form G-28. If you are filing your application online, you will typically be able to submit Form G-28 as part of the online process. For paper filings, the form should be submitted along with your application or petition.
If you forgot to submit Form G-28 with your application, don’t worry. You can submit the form separately as soon as possible. Just make sure your attorney or representative is listed as your official contact. USCIS will then update its records to reflect your representation.
No, Form G-28 can only be used by licensed attorneys or accredited representatives. Friends and family members who are not legal representatives cannot submit this form or represent you in immigration proceedings.