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 ÂAdministrative 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 DHSÂs ability to determine an individualÂs 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 applicantÂs 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 applicantÂs representative when an application is submitted under the Violence Against Women Act (VAWA), which provides the necessary Âsafe 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