Form G-28 Instructions Table of Changes

Table of Changes

G-28, Notice of Entry of Appearance as Attorney

or Accredited Representative

Instructions

Revised January 12, 2011

OMB Control No. 1615-0105

Location	Current	Proposed
PP. 1-3, Format	Double column format.	Full page format.
Page 1 What Is the Purpose of This Form?	An attorney or accredited representative appearing before the Department of Homeland Security (DHS) must file Form G-28 in each case. Form G-28 must be properly completed and signed by the petitioner, applicant, or respondent to authorize representation for the appearance to be recognized by the U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customer Enforcement (ICE). Under 8 CFR 103.2(a)(3), a beneficiary of a petition is not a recognized party in a proceeding before USCIS. Form G-28 will be recognized by USCIS, CBP, or ICE until the conclusion of the matter for which it was entered. This does not change the requirement that a new Form G-28 must be filed with the Administrative Appeals Office when filing an appeal to that office on Form I-290B, Notice of Appeal or Motion.	The Department of Homeland Security (DHS) has designated Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, as the form on which attorneys and accredited representatives provide information to establish their eligibility to appear and act on behalf of an applicant, petitioner, or respondent. An attorney or accredited representative appearing before DHS must file Form G-28 in each case. Form G-28 must be properly completed and signed by the applicant, petitioner, or respondent for the appearance of their attorney or accredited representative to be recognized by U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and/or U.S. Immigration and Customs Enforcement (ICE). A beneficiary of a petition is not a recognized party in a proceeding before USCIS, under 8 CFR 103.2(a)(3). Form G-28 will be recognized by USCIS, CBP, and/or ICE until the conclusion of the matter for which it is entered. As always, an applicant, petitioner, or respondent must file a new Form G-28 with the Administrative Appeals Office when filing an appeal to that office on Form I-290B, Notice of Appeal or Motion.
Who May Use This Form? Appearances for Immigration Matters	This form is used only by attorneys and accredited representatives as defined in 8 CFR 1.1(f) and 292.1(a)(4). Attorneys admitted to the practice of law in countries other than the United States must use Form G-281 and may only represent individuals in matters filed in DHS offices outside the geographical confines of the United States. An attorney or accredited representative who seeks to withdraw his or her appearance in a proceeding before DHS must file a written request with the DHS office with jurisdiction over the pending matter. An attorney or accredited representative who seeks to be recognized by DHS as the new representative for an applicant, petitioner, or respondent must file a properly completed Form G-28 with the DHS office with jurisdiction over the pending matter. An attorney or accredited representative who is appearing for a limited purpose at the request of the attorney or accredited representative of record must file a properly completed Form G-28 as noted on the form. When a person acts in a representative capacity, his or her personal appearance or signature shall constitute a representation under the provisions of 8 CFR 103.2(a)(3) and 292.1(a)(1) or 292.1(a)(4) that he or she is authorized and qualified to represent the individual. Further proof of authority to act in a representative capacity may be required.	This form is used only by attorneys and accredited representatives as defined in 8 CFR 1.2 and 292.1(a)(4). An attorney or accredited representative who appears in person at a DHS office for a limited purpose at the request of the attorney or accredited representative who has previously filed a Form G-28 in the same case must complete Part 1 and Part 2, and submit Form G-28 in person at a DHS office. In such a case, Form G-28 may not be filed through the mail or e-filed. A law student or law graduate who is working under the direct supervision of an attorney or accredited representative, under 8 CFR 292.1(a)(2) must complete Part 1, number 2. and 3. on the same Form G-28 filed by the supervising attorney or accredited representative. The law student or law graduate must sign the Form G-28 in Part 4, number 2. A law student or law graduate may be required to verify that he or she is eligible as required in 8 CFR 292.1(a)(2). The appearance of a law student or law graduate requires the permission of the DHS official before whom he or she wishes to appear. The DHS official may require that the law student or law graduate be accompanied by the supervising attorney or accredited representative. Substitution may be permitted upon the written withdrawal of the attorney or accredited representative of record or upon the filing of a new form by a new attorney or accredited representative. An attorney or accredited representative who seeks to be recognized by DHS as the new representative for an applicant, petitioner, or respondent must file a properly completed Form G-28 with the DHS office with jurisdiction over the pending matter. Attorneys admitted to the practice of law in countries other than the United States must use Form G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States. Such attorneys may only represent individuals in matters filed and adjudicated in DHS offices outside the geographical confines of the United States. Individuals seeking to appear as reputable individuals (as defined in 8 CFR 292.1(a)(3)) may not use Form G-28. They must obtain permission from DHS to appear with an applicant, petitioner, or respondent. Such reputable individuals will be required to provide the information listed in the regulations to the DHS official before whom they wish to appear. When a person acts in a representative capacity, his or her personal appearance or signature will constitute a representation under the provisions of 8 CFR 103.2(a)(3) and 292.1(a)(1) or 292.1(a)(4) that he or she is authorized and qualified to represent the individual. DHS may require further proof of authority to act in a representative capacity.
Page 2 General Instructions		If you are completing this form on a computer, the data you enter will be captured using 2D barcode technology. This capture will ensure that the data you provide is accurately entered into USCIS systems. As you complete each field, the 2D barcode field at the bottom of each page will shift as data is captured. Upon receipt of your form, USCIS will use the 2D barcode to extract the data from the form. Please do not damage the 2D barcode (e.g., puncture, staple, spill on, write on, etc.) as this could affect the ability of USCIS to timely process your form. Each Form G-28 must be properly signed. A photocopy of a signed Form G-28 or a typewritten name in place of a signature is not acceptable.
Part 1., Notice of Appearance as Attorney or Accredited Representative	Check one block to indicate the DHS agency where the matter is filed. If it is USCIS, list the form number(s) filed with Form G-28. If it is CBP or ICE, list the specific matter in which the appearance is entered. Fill in all information. The mailing address of the applicant, petitioner, or respondent is required in this part of the form, except when filed under the Violence Against Women Act (VAWA). The applicant, petitioner, or respondent must sign the form, preferably in dark blue or black ink.	Information has been moved to another section. (See Part 3)
Page 2 Part 1. Information about Attorney or Accredited Representative	Attorneys admitted to practice in the United States, as defined in 8 CFR 1.1(f): Check the box and fill in required information regarding the State bar(s) of admission. If you are subject to any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting you in the practice of law, you must disclose this information on Form G-28. Attorneys are required to notify DHS of convictions or discipline pursuant to 8 CFR 292.3. Accredited representatives of recognized organizations, as defined in 8 DFR 292.1(a)(4): Check the box and fill in the name of the organization recognized by the Board of Immigration Appeals (BIA) under 8 CFR 292.2 and provide the expiration date of your accreditation. Attorneys or accredited representatives associated with the attorney or accredited representative with Form G-28 previously filed in this matter: Check the box and fill in the name of the attorney or accredited representative who has previously filed Form G-28 in this matter. A new Form G-28 must be filed by each attorney associated with that attorney or accredited representative. You must also check Box A or B and provide the required information.	Part 1. Information About Attorney or Accredited Representative 1.a. - 7. - Fill in all the information and sign and date the form in black ink. Signature stamps are not permitted. Law students and law graduates must provide the name of the legal aid program, law school clinic, or non-profit organization in number 2., their name in number 3., and sign the form at Part 4, number 2. Attorneys must provide the State Bar Number(s) for all jurisdictions in which they are admitted to practice. Enter the State Bar Number in the space for the jurisdiction listed in Part 2, number 1.a. If you need additional space to complete your answer, proceed to Part 5, Additional Information.
Page 2 Part 2, Eligibility Information For Attorney or Accredited Representative		Page 2 Part 2, Eligibility Information For Attorney or Accredited Representative 1.- 1.b.1. - Attorneys admitted to practice in the United States, as defined in 8 CFR 1.2 Check the box and fill in the required information regarding the State(s), possession(s), territory(ies), commonwealth(s) or District of Columbia bar(s) of admission. If you are subject to any order of any court suspending, enjoining, restraining, disbarring, or otherwise restricting you in the practice of law, you must disclose this information in the space provided for number 1.b.1. If you need additional space to complete your answer proceed to Part 5, Additional Information. Attorneys are required to notify DHS of convictions or discipline under 8 CFR 292.3. NOTE: Attorneys that are admitted to practice in more than one jurisdiction must enter the jurisdiction for their State Bar Number listed in Part 1, number 4. If you need additional space to complete your answer, proceed to Part 5, Additional Information. 2. - 2.b. - Accredited representatives of recognized organizations, as defined in 8 CFR 292.1(a)(4): Check the box and fill in the name of the organization recognized by the Board of Immigration Appeals (BIA) under 8 CFR 292.2 and provide the expiration date of your accreditation. A Form G-28 submitted without the required information in line number 1. - 1.b.1. or 2. - 2.b. will be rejected. 3. - 3.a. - Check the box and fill in the name of the attorney or accredited representative associated with the attorney or accredited representative who previously filed Form G-28 in this matter. This type of Form G-28 may only be submitted in person at a DHS office and may not be filed through the mail or e-filed. You must also check the box next to number 1. or 2. and provide the required information. 4. - Law students and law graduates not yet admitted to the bar: Check the box and complete Part 1, number 3. and Part 4, number 2. of the same Form G-28 filed by the supervising attorney or accredited representative. The appearances of law students and law graduates are subject to the requirements of 8 CFR 292.1(a)(2).
Page 2, Part 3. Name and Signature of Attorney or Accredited Representative	Fill in all information and sign the form, preferably in dark blue or black ink.	This statement is now located in Part 1, Information About Attorney or Accredited Representative, and reads: “Fill in all the information and sign and date the form in black ink.”
Page 2, Part 3. Notice of Appearance as Attorney or Accredited Representative		Page 2, Part 3. Notice of Appearance as Attorney or Accredited Representative 1. - 3.a. - Check only one box to indicate the DHS agency where the matter is filed. If USCIS, list the form number(s) filed with Form G-28. If CBP or ICE, list the specific matter in which the appearance is entered. 4. - Check only one box to indicate applicant, petitioner, or respondent. Fill in all information. 5.a. - 5.d. - Provide name of applicant, petitioner, or respondent, and/or the name of the company or organization. 6.a. - 6.e. - The mailing address of the applicant, petitioner, or respondent, and not the address of the attorney or accredited representative, is required in this part of the form except when a safe mailing address is permitted on an application or petition filed with this Form G-28. 7. - Provide the A-Number or USCIS Receipt/Case Number, if applicable, for the applicant, petitioner, or respondent. 8.a. - 8.b. - The applicant, petitioner, or respondent must sign and date the form in black ink.
Part 4. Signature of Attorney or Accredited Representative		Page 3 1. - 3. - The attorney or accredited representative, or law student or law graduate must sign and date the form in black ink.
Part 5. Additional Information		Page 3 New insert Please use this section to provide additional information.
Page 3 Warning	Individuals appearing as attorneys or accredited representatives are subject to the rules of Professional Conduct for Practitioners found in 8 CFR 292.3.	Individuals appearing as attorneys or accredited representatives (including law students and law graduates permitted to appear under 8 CFR 292.1(a)(2)) are subject to the rules of Professional Conduct for Practitioners found in 8 CFR 292.3.
Page 3, Freedom of Information/Privacy Act	This form may not be used to request records under the Freedom of Information Act or the Privacy Act 5 USC 552 & 552a. The procedures for requesting such records are contained in 6 CFR 5.	This form may not be used to request records under the Freedom of Information Act or the Privacy Act 5 USC 552 & 552a. The procedures for requesting such records are contained in 6 CFR Part 5 and may be found at www.uscis.gov.
Page 3 USCIS Privacy Act Statement		AUTHORITIES: The information requested on this form, and the associated evidence, is collected under the Immigration and Nationality Act, section 101, et seq. PURPOSE: The primary purpose for providing the requested information on this form is to determine if you have established eligibility for the immigration benefit for which you are filing. The information you provide will be used to grant or deny the benefit sought. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision or result in denial of your Form G-28. ROUTINE USES: The information you provide on this form may be shared with other Federal, State, local, and foreign government agencies and authorized organizations following approved routine uses described in the associated published system of records notices [DHS-USCIS-007 - Benefits Information System and DHS-USCIS-001 - Alien File, Index, and National File Tracking System of Records, which can be found at www.dhs.gov/privacy]. The information may also be made available, as appropriate, for law enforcement purposes or in the interest of national security.
Page 3 Paperwork Reduction Act	An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 20 minutes per response, including the time for reviewing instructions and completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to : U.S. Citizenship and Immigration Services, Regulatory Products Division, 111 Massachusetts Avenue, NW, 3rd Floor, Suite 3008, Washington, DC 20529-2210, OMB No 1615-0105. Do not mail your application to this address.	An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid OMB control number. The public reporting burden for this collection of information is estimated at 20 minutes per response, including the time for reviewing instructions and completing and submitting the form. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to : U.S. Citizenship and Immigration Services, Regulatory Products Division, Office of the Executive Secretariat, 20 Massachusetts Avenue, NW, Washington, DC 20529-2020; OMB No 1615-0105. Do not mail your completed Form G-28 to this address.

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