Form G-28 Instructions Table of Changes

TABLE OF CHANGES – INSTRUCTIONS

Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

OMB Number: 1615-0105

02/25/2015

Reason for Revision: Instructions updated to provide information about USCIS ELIS Account Number field for attorney/accredited representative and applicant added to form in order to facilitate matching with any existing USCIS ELIS account for the attorney/accredited representative and/or the applicant.

Current Section and Page Number	Current Text	Proposed Text
Page 1, What Is the Purpose of This Form?	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). 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, 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.	The U.S. Department of Homeland Security (DHS) has designated this form as the form on which attorneys and accredited representatives provide information to establish their eligibility to appear for and act on behalf of an applicant, petitioner, requestor, or respondent in immigration matters. An attorney or accredited representative appearing before DHS must file Form G-28 in each case. U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) will only recognize Form-G-28 for the appearance of an attorney or accredited representative once the applicant, petitioner, requestor, or respondent has completed, signed, and filed a Form G-28. Do not file this form on a matter before the Board of Immigration Appeals (BIA) instead file Form EOIR-27 for representation. Under 8 CFR 103.2(a)(3) a beneficiary of a petition is not a recognized party in a proceeding before USCIS, therefore this form does not apply to a beneficiary or their attorney or accredited representative. USCIS, CBP, and ICE will recognize Form G-28 until the conclusion of the matter for which it is entered, unless otherwise notified. An attorney or accredited representative for an applicant, petitioner, requestor, or respondent must file a new Form G-28 with the Administrative Appeals Office if filing an appeal to that office on Form I-290B, Notice of Appeal or Motion.
Page 1, Who May Use This Form?	Appearances for Immigration Matters This form is used only by attorneys and accredited representatives as defined in 8 CFR 1.2 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., Item Numbers 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., Item 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.	[Page 1] Appearances for Immigration Matters Attorneys and Accredited Representatives 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, and at the request of an attorney or accredited representative who has previously filed a Form G-28 in the same case, must complete and submit Form G-28 in person at a DHS office. In such a case, the attorney or accredited representative may not file Form G-28 through the mail or e-mail. In accordance with 8 CFR 292.4(a), when a person acts in a representative capacity, his or her personal appearance or signature will constitute a representation under 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. Law Students and Law Graduates 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 3., Item Numbers 4.a. and 4.b., on the same Form G-28 filed by the supervising attorney or accredited representative. The law student or law graduate must sign the same Form G-28 in Part 5., Item Number 2. DHS may require law students and law graduates to verify that they are eligible under 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 is accompanied by the supervising attorney or accredited representative. Substitution of Attorney or Accredited Representative DHS may permit substitution upon the written withdrawal of the attorney or accredited representative of record or upon the filing of a new Form G-28 by a new attorney or accredited representative. An attorney or accredited representative who seeks recognition by DHS as the new representative for an applicant, petitioner, requestor, or respondent must file a properly completed Form G-28 with the DHS office with jurisdiction over the pending matter.
Page 2, Who May Use This Form?	[Page 2] 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] Foreign Attorneys Attorneys not licensed to practice law in 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. Permission to allow such representation lies in the sole discretion of DHS. Other Representatives 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, requestor, or respondent. DHS will require such reputable individuals to provide the information listed in the regulations to the DHS official before whom they wish to appear. [Delete]
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.	[Page 2] Type or print legibly in black ink. 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 DHS 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 (for example, puncture, staple, spill on, write on) as this could affect the ability of DHS to timely process your form. You must properly sign each Form G-28. Photocopies, stamped signatures, electronic signatures, and typewritten names in place of signatures are not acceptable.
Page 2, General Instructions	[Page 2] General Instructions Part 1. Information About Attorney or Accredited Representative Item Numbers 1. - 7. - Fill in all the information and sign and date the form in black ink. Law students and law graduates must provide the name of the legal aid program, law school clinic, or non-profit organization in Item Number 2., their name in Item Number 3., and sign the form at Part 4., Item 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., Item Number 1.a. If you need additional space to complete your answer, proceed to Part 5., Additional Information. [Page 3] Part 3.  Notice of Appearance as Attorney or Accredited Representative Item Numbers 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. Item Number 4. - Check only one box to indicate applicant, petitioner, or respondent. Item Numbers 5.a. - 5.d. - Provide the name of the applicant, petitioner, or respondent. Item Number 7. – Provide the A-Number or USCIS Receipt/Case Number, if applicable, for the applicant, petitioner, or respondent. Item Numbers 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. [Page 2] Part 2. Eligibility Information For Attorney or Accredited Representative Item Numbers 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 Item 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., Item Number 4. If you need additional space to complete your answer, proceed to Part 5., Additional Information. Item Numbers 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 Item Numbers 1. - 1.b.1. or 2. - 2.b. will be rejected. Item Numbers 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 Item Numbers 1. or 2. and provide the required information. Item Number 4. - Law students and law graduates not yet admitted to the bar: Check the box and complete Part 1., Item Number 3. and Part 4., Item 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 3] Part 4. Signature of Attorney or Accredited Representative Item Numbers 1. – 3. The attorney or accredited representative, or law student must sign and date the form in black ink. Item Number 8.a. – 8.b. – The applicant, petitioner, or respondent must sign and date the form in black ink. Item Number 9. - Provide the mobile number for the applicant, petitioner, or respondent. Part 5. Additional Information	[Page 2] Specific Instructions Part 1. Information About Attorney or Accredited Representative Item Number 1. Attorneys and accredited representatives, who have previously established an account in the USCIS Electronic Immigration System (USCIS ELIS), should provide the USCIS ELIS Account Number issued by the system in the space provided. Items Numbers 2. – 7. Fill in all the information about the attorney or accredited representative. Part 2. Notice of Appearance as Attorney or Accredited Representative Item Numbers 1.a. – 3.b. Select only one box to indicate the DHS agency where the matter is filed. If you select the box for USCIS, list the form numbers filed with Form G-28. If you select the box for CBP or ICE, list the specific matter in which the appearance is entered. Item Number 4. Select only one box to indicate your appearance for applicant, petitioner, requestor, or respondent. Item Number 5.a. – 5.c. Provide the name of the applicant, petitioner, requestor, or respondent. Item Number 6. If the applicant, petitioner, requestor, or respondent is an entity, pProvide the name of the company or organization, if the applicant, petitioner, requestor, or respondent is an entity. Item Number 7. – If the applicant, petitioner, requestor, or respondent has previously filed a benefit request using the USCIS ELIS, provide the USCIS ELIS Account Number he or she was issued. The USCIS ELIS Account Number is not the same as an Alien Registration Number (A-Number). Item Number 8. - Provide the A-Number or USCIS Receipt, if applicable, for the applicant, petitioner, requestor, or respondent. Item Number 9. Provide the mobile telephone number for the applicant, petitioner, requestor, or respondent, if any. Item Number 10. - Provide the e-mail address for the applicant, petitioner, requestor, or respondent., if any. Item Numbers 11.a. – 11.h. Provide the mailing address of the applicant, petitioner, requestor, or respondent. Do not provide the address of the attorney or accredited representative. If the applicant, petitioner, requestor, or respondent has used a safe mailing address on the application, petition, or request being filed with this Form G-28, provide it in these spaces. [Page 3] Part 3.  Eligibility Information for Attorney or Accredited Representative Item Numbers 1.a.- 1.d. If you are an attorney admitted to practice in the United States, as defined in 8 CFR 1.2, you must select the box and fill in the required information regarding the licensing authority for all states, possessions, territories, commonwealths, or District of Columbia, where you are admitted. 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 Item Number 1.d. Attorneys are required to notify DHS of convictions or disciplinary actions e under 8 CFR 292.3. Attorneys must provide the bar numbers, if applicable, for all jurisdictions in which they are admitted to practice in Part 3., Item Number 1.b. If you need additional space to complete your answer proceed to Part 6. Additional Information. NOTE: If you are an attorney who is admitted to practice in more than one jurisdiction, you must enter the jurisdiction in Item Number 1.a. that corresponds to your bar number listed in Part 3., Item Number 1.b., if applicable. If you need additional space to provide more jurisdictions, proceed to Part 6. Item Numbers 2.a. - 2.c. If you are an accredited representative of a recognized organization, as defined in 8 CFR 292.1(a)(4), you must select the box, fill in the name of the organization recognized by the BIA under 8 CFR 292.2, and provide the expiration date of your accreditation. DHS may reject any Form G-28 submitted without the required information in Part 3., Item Numbers 1.a. - 1.c. or 2.a. - 2.c. Item Number 3. If you are not the attorney or accredited representative of record, select the box and fill in the name of the attorney or accredited representative who previously filed Form G-28 in this matter. You must submit a Form G-28 filed under these circumstances in person at a DHS office and not by mail or e-mail. A new Form G-28 must be filed by each attorney or accredited representative who appears in the matter. You must also select the box next to Item Numbers 1.a. – 1.c. and 2.a. – 2.b. and provide the required information. Item Numbers 4.a. – 4.b. If you are a law student or law graduate not yet admitted to the bar, you must select the box for Item Number 4.a. and enter the information in Part 3., Item Number 4.b., and Part 5., Item Number 2. of the same Form G-28 filed by the supervising attorney or accredited representative. The appearance of law students and law graduates are subject to the requirements of 8 CFR 292.1(a)(2). Part 4. Applicant, Petitioner, Requestor, or Respondent Consent to Representation, Contact Information, and Signature Item Numbers 2.a. – 2.b. The applicant, petitioner, requestor, or respondent must consent to representation and the release of information. The applicant, petitioner, requestor, or respondent must select the disclosure and notices boxes if he or she desires DHS to send notices and/or secure identity documents only to the attorney of record or accredited representative. Item Numbers 3.a. – 3.b. The applicant, petitioner, requestor, or respondent must sign and date the form in black ink. Part 5. Signature of Attorney or Accredited Representative Item Numbers 1. - 3. The attorney or accredited representative and, if applicable, law student or law graduate must sign and date the form in black ink. [Delete] [Delete] Part 6. Additional Information Use this section to provide additional information related to Part 3., Item Number 1.a. – 1.c.
Page 4, Freedom of Information/Privacy Act Requests	This form may not be used to request records under the Freedom of Information Act or the Privacy Act 5 U.S.C. 552 and 552a. The procedures for requesting such records are contained in 6 CFR Part 5 and may be found at www.uscis.gov.	You may not use this form to request records under the Freedom of Information Act or the Privacy Act, Title 5 U.S. Code sections 552 and 552a. You may find the procedures for requesting such records in 6 CFR Part 5 and at www.uscis.gov.
Page 4, USCIS Privacy Act Statement	Page 4, 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. 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 4, DHS Privacy Act Statement AUTHORITIES: The information requested on this form is collected pursuant to 8 C.F.R. § 292.4(a). PURPOSE: The primary purpose for providing the requested information on this form is to establish your eligibility to appear and act on behalf of an applicant, petitioner, requestor, or respondent. The information you provide will be used to designate you as an attorney or accredited representative. DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information may prevent your ability to represent an individual or entity. ROUTINE USES: The information will be used by and disclosed to DHS personnel and contractors or other agents who need the information. Additionally, DHS may share the information with other federal, state, local government agencies and authorized organizations in accordance with approved routine uses, as described in the associated published system of records notices, 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 4, Paperwork Reduction Act	…estimated at 20 minutes per response….	…estimated at 53 minutes per response…

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