G-28I Instructions Table of Changes

G28I-INS-TOC-OMBPassback-03022015v2.docx

Notice of Entry of Appearance as Attorney or Accredited Representative; Notice of Entry of Appearance of Foreign Attorney

G-28I Instructions Table of Changes

OMB: 1615-0105

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TABLE OF CHANGES – Instructions

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

OMB Number: 1615-0105

02/25/2015


Reason for Revision: USCIS ELIS Account Number inclusion, re-format to one column format



Current Section and Page Number

Current Text

Proposed Text

Page 1, What Is the Purpose of This Form?





























An attorney admitted to the practice of law in a country other than the United States who seeks to appear before the Department of Homeland Security (DHS) in a matter outside the geographical confines of the United States must file Form G-28I in each case. Form G-28I must be properly completed and signed by the applicant, petitioner, or respondent to authorize representation for the appearance to be recognized by U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and 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. USCIS, CBP, or ICE will recognize Form G-28I 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 U.S. Department of Homeland Security (DHS) has designated this form as the document on which attorneys admitted to the practice of law in a country other than the United States provide information to establish their eligibility to appear for and act on behalf of an applicant, petitioner, or respondent in a matter outside the geographical confines of the United States. An attorney admitted to practice law outside the United States must file Form G-28I 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-28I for the appearance of an attorney or accredited representative once the applicant, petitioner, or respondent has completed, signed, and filed Form G-28I.


Under 8 CFR 103.2(a)(3), a beneficiary of a petition is not a recognized party in a proceeding before USCIS, and therefore this form does not apply to beneficiaries or their attorneys. USCIS, CBP, and ICE will recognize Form G-28I until the conclusion of the matter for which it was entered, unless otherwise notified. An attorney admitted in a country other than the United States for applicant, petitioner, or respondent must file a new Form G-28I with the Administrative Appeals Office when 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 in proceedings conducted outside the geographical confines of the United States by an attorney, other than one described in 8 CFR 1.1(f), who is licensed to practice law and in good standing in a court of general jurisdiction of the country in which he or she resides and who is engaged in such practice of law, and with the permission of the DHS official before whom he or she seeks to appear. Acceptance by a DHS entity of a completed Form G-28I does not itself constitute permission by the DHS entity for the attorney to represent an applicant or petitioner in the matter for which Form G-28I was filed.




This form may not be filed with matter in offices within the United States


An attorney 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 who seeks to be recognized by the DHS office as the new representative for an applicant, petitioner, or respondent must file a properly completed Form G-28I with the DHS office with jurisdiction over the pending matter. An attorney who is appearing for a limited purpose at the request of the attorney of record must file a properly completed Form G-28I as noted on the form.





When a person acts in a representative capacity, his or her personal appearance or signature shall constitute a representation that under the provisions of 8 CFR 103.2(a)(3) and 292.1(a)(6), he or she is authorized and qualified to represent the individual. Further proof of authority to act in a representative capacity may be required.


The DHS official has the discretion to determine whether to allow the attorney filing Form G-28I to appear.


Page 1, Who May Use This Form?


Appearances for Immigration Matters


This form is used only in proceedings conducted outside the geographical confines of the United States by an attorney, other than one described in 8 CFR 1.2, who is licensed to practice law, in good standing in a court of general jurisdiction of the country in which he or she resides, and engaged in such practice of law. The DHS official before whom he or she seeks to appear must also provide permission. Acceptance of a completed Form G-28I does not itself constitute permission for the attorney to represent an applicant, petitioner, or respondent in the matter for which Form G-28I was filed. The DHS official has the discretion to determine whether to allow the attorney filing Form G-28I to appear.


An attorney may not file this form on matters in offices within the United States.


If you are an attorney who seeks to withdraw his or her appearance in a proceeding before DHS, you must file a written request with the DHS office that has jurisdiction over the pending matter.


If you are an attorney who seeks recognition by DHS as the new representative for an applicant, petitioner, or respondent, you must file a properly completed Form G-28I with the DHS office that has jurisdiction over the pending matter.


If you are an attorney who is appearing for a limited purpose at the request of the attorney of record, you must file a properly completed Form G-28I as noted on the form.


In accordance with 8 CFR 292.4(a), when you act in a representative capacity, your personal appearance or signature will constitute a representation under 8 CFR 103.2(a)(3) and 292.1(a)(1) or 292.1(a)(6) that you are authorized and qualified to represent the individual. DHS may require further proof of authority to act in a representative capacity.


[Deleted]

Page 1, General Instructions

Page 1, General Instructions







Part 3. Name and Signature of Attorney









Fill in all information and sign the form, preferably in dark blue or black ink.




Part 1. Notice of Appearance as Attorney Admitted to Practice Outside the United States


A. 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-28I. If it is CBP or ICE, list the specific matter in which the appearance is entered.







B. Fill in all information. The mailing address of the applicant, petitioner, or respondent is required in this part of the form. The applicant, petitioner, or respondent must sign the form, preferably in dark blue or black ink.






























Part 2. Information About Attorney



A. Attorneys admitted to practice in a foreign country as defined in 8 CFR 292.1(a)(6):


Check the box and provide the required information regarding the country(ies) 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-28I. Attorneys are required to notify DHS of convictions or discipline pursuant to 8 CFR 292.3.


B. Attorneys associated with the attorney with a Form G-28I previously filed in this matter:


Check the box and fill in the name of the attorney who has previously filed Form G-28I in this matter. A new Form G-28I must be filed by each attorney associated with that attorney.


You must also check Box A and provide the required information.


Page 1, Specific Instructions


You must properly sign each Form G-28I. Photocopies, stamped signatures, electronic signatures, and typewritten names in place of signatures are not acceptable.


Part 1. Information About Attorney


Item Number 1. Attorneys, 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 spaces provided.


Item Number 2.a. – 8. Provide the full name, mailing address and contact information of the attorney.



Part 2. Notice of Appearance as Attorney Admitted to Practice Outside the United States


Item Number 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 number(s) filed with Form G-28I. 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 the applicant, petitioner, or respondent.


Item Numbers 5.a. – 5.c. Provide the full name of the applicant, petitioner, or respondent.


Item Number 6. If the applicant, petitioner, or respondent is an entity, Pprovide the name of the company or organization, if the applicant, petitioner, or respondent is an entity.


Item Number 7. If the applicant, petitioner, or respondent has previously filed a benefit request using USCIS ELIS, provide the USCIS ELIS Account Number he or she was issued by the system. The USCIS ELIS Account Number is not the same as an Alien Registration Number (A-Number).


Item Number 8. Provide the Alien Registration Number (A-Number) or USCIS Receipt Number, if applicable, for the applicant, petitioner, requestor, or respondent.

.


Item Numbers 9. – 10. Provide the daytime telephone number and e-mail address, if applicable, for the applicant, petitioner, or respondent.


Item Numbers 11.a. – 11.h. Provide the mailing address of the applicant, petitioner, or respondent. Do not provide the address of the attorney. If the applicant, petitioner, or respondent has used a safe mailing address on the application or petition being filed with this Form G-28I, provide it in these spaces.


Part 3. Eligibility Information For Attorney


Item Numbers 1.a. – 1.d. You must select the box and provide the required information regarding the licensing authority for all countries of admission or licensure. Provide the attorney’s license number, if any, for the jurisdiction listed in Part 3., Item Number 1.a. 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-28I. Attorneys are required under 8 CFR 292.3 to notify DHS of any convictions or disciplinary actionse.



Item Number 2. If you are not the attorney of record, you must select the box and fill in the name of the attorney who has previously filed Form G-28I in this matter. A new Form G-28I must be filed by each attorney who appears in the matter.









Part 4. Applicant, Petitioner, or Respondent Consent to Representation, Contact information, and Signature


Item Number 1. – 2.b. The applicant, petitioner, or respondent must consent to disclosure and notices if it is desired that notices and/or secure identity documents be sent only to the attorney of record.


Item Number 3.a. – 3.b. The applicant, petitioner, or respondent must sign and date the form in black ink.


Part 5. Signature of Attorney


The attorney must sign and date the form in black ink.


Part 6. Additional Information


Use this section to provide additional information related to Part 3., Item Number 1.a. – 1.c.


Page 3, 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. The procedures for requesting such records are contained in 6 CFR Part 5.

[Page 3


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.


NEW


[Page 3]


DHS Privacy 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 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 2, 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 Coordination Division, 20 Massachusetts Avenue, NW, Washington, DC 20529-2140, OMB No. 1615-0105. Do not mail your completed Form G-28I to this address.


[Page 3]


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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave NW, Washington, DC 20529-2020; OMB No. 1615-0105. Do not mail your completed Form G-28I to this address.

Page 3, Paperwork Reduction Act

estimated at 20 minutes per response….

estimated at 42 minutes per response…



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File TitleTABLE OF CHANGE – FORM I-687
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