The data collected on Forms G-28 and
G-28I are used by DHS to determine eligibility of the individual to
appear as a representative. Form G-28 is used by attorneys admitted
to practice in the United States and accredited representatives of
charitable organizations recognized by the Board of Immigration
Appeals. Form G-28I is used by attorneys admitted to the practice
of law in countries other than the United States and only with
matters filed in DHS offices outside the geographical confines of
the United States.
Recently, USCIS took the
lead in revising Form G-28 and developing a new Form G-28I for use
in cases filed in agency offices outside the United States. During
the review process, USCIS discovered that Form G-28 had never been
approved by the Office of Management and Budget (OMB) under the
PRA. USCIS has reviewed Form G-28 and determined that the
Administrative Action exemption no longer applies and both Form
G-28 and Form G-28I require OMB approval. Accordingly, DHS seeks
emergency processing of this information collection request in
accordance with 5 CFR 1320.13. USCIS certifies that the
requirements of 5 CFR 1320.13(a)(1) are met and that: The
collection of information is needed immediately and is essential to
the mission of the agency. The agency cannot reasonably comply
with the normal clearance procedures because public harm is likely
to result if normal clearance procedures are followed. Further, DHS
requests OMB approval to continue using the current Form G-28 until
OMB approval of the revised Form G-28 and new Form G-28I is
obtained. Disruption in the use of Form G-28 would have a
significant negative impact on the public. An estimated 2.5 million
Form G-28s are filed with petitions and applications annually. If
DHS ceases requiring and accepting Form G-28 until OMB approval is
received, individuals may submit the requisite representation
notice (required by 8 CFR 292) in nonstandard formats that will
greatly complicate and frustrate DHSs ability to determine an
individuals eligibility to appear as a legal representative and
record his or her appearance in the case. Further, without the
G-28: Information contained on Form G-28 would no longer be
entered into a database to generate correspondence to the
representative and, therefore, would not be part of the electronic
record. If correspondence is not sent to an applicants
representative, DHS attorneys may be in jeopardy of violating state
bar ethics rules by treating applicants as if they were not
represented by an attorney. DHS frequently communicates with an
applicants representative when an application is submitted under
the Violence Against Women Act (VAWA), which provides the necessary
safe address. If Form G-28 cannot be used, DHS will be unable to
communicate with the applicant through protected channels.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form G-28 Notice of Entry of Appearance as Attorney or Accredited Representative; Notice of Entry of Appearance of Foreign Attorney
Emergency Justification 7-15-08 (OCC) (3) (2) FINAL.doc
Notice of Entry of Appearance as Attorney or Accredited Representative; Notice of Entry of Appearance of Foreign Attorney