Appendix - Responses to Public Comments - Final

Responses to 60-day FRN Public Comments
Form G-28 Revision
Comment Public Comments
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Comment Commenter: Aurora de la Cruz
1.
Will it be possible to lengthen the space for the email
address of the accredited representative in G-28? My email
address is quite long and does not fit in the current space.
Thank you.
Comment Commenter: Lizz Cannon, Esq.
2.
Thank you for providing an opportunity to comment. The
largest issue is that G28s do not have a separate field for
WHERE the receipts and notices should be sent. Often
overseas addresses are not secure or clients have P.O.
Boxes. There should be an option for a third address for
delivery. Meaning: a section for Attorney address, client
physical address, and client’s preferred address of delivery.
Also, G28s are not structured to accept foreign addresses at
all. The fields should be configured to allow it.
Regards,
Lizz Cannon, Esq.
Comment Commenter: Glenn Schieck, Esq., Harter Secrest & Emery
3.
LLP
Dear Sir/Madam,
In amending the Form G-28, I recommend including an
option to allow represented individuals to permit an
attorney’s staff members and colleagues to communicate
with USCIS on their behalf. This could be a simple checkbox
authorizing such communication, or a space where the
represented individual could list specific people authorized
to communicate with USCIS on their behalf.

USCIS Response

Response:
Thank you for your comment. Form G-28 allows for 38 characters in
email address fields. USCIS is not making changes to the field lengths
at this time. If additional space or explanation is needed, Part 6.
Additional Information can be used.
Response:
USCIS is not adding a delivery address at this time, but may take this
recommendation into consideration in a future revision of Form G28. Address fields on Form G-28 do allow for Province, Postal Code,
and Country to be provided. Those are the fields USCIS uses to
identify a non-U.S. address.

Response:
Form G-28 is used to designate the client’s attorney or accredited
representative. USCIS considers an attorney or accredited
representative an individual, not an entity. There are potential
privacy issues with allowing an entity to be designated as a
“representative.” For this reason, USCIS requires that clients (i.e.
applicants, petitioners, requestors, beneficiaries, derivatives and
respondents) specifically identify individuals with whom USCIS is
allowed to share information about their case(s).
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Responses to 60-day FRN Public Comments
Form G-28 Revision
Under a recent change to practice, USCIS Service Centers
refuse to speak with anyone other than the applicant,
petitioner, or the attorney of record listed on a Form G-28.
This practice creates a tremendous logistical challenge for
law firms that work as teams of attorneys, paralegals, and
staff. In many cases, calls to USCIS are to correct a clerical
error, follow up on the status of a case, or to place a service
request for a case that is outside of processing times. It is
highly impractical for the single attorney listed on a G-28 to
conduct all of these calls personally with the immigration
service, and this provides no recourse in emergencies where
the listed attorney may be out of the office.
When clients engage a law firm for representation, they
engage the firm as a whole, rather than a particular
attorney. In amending the form to authorize more
individuals to correspond with USCIS about a particular
case, the G-28 would recognize this practice, eliminate a
logistical challenge, and allow represented individuals to
control the privacy of their information in a more direct
way.
Glenn Schieck, Esq.
Harter Secrest & Emery LLP
1600 Bausch and Lomb Place
Rochester, NY 14604
Comment Commenter: Jessica Anlauf, Director, Immigration Crime
4.
Victim Advocates
Contrary to 8 U.S. Code 1186a, which specifically states
when an alien's conditional residency has been terminated
due to a finding that the qualifying marriage is improper,
DHS "shall so notify the parties involved," USCIS is ONLY
informing the immigrant.

Response:
USCIS is not making any changes to the forms or instructions as a
result of this comment, as it did not raise any issues related to this
collection of information.

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Responses to 60-day FRN Public Comments
Form G-28 Revision
That in turn denies the spouse or sponsors any knowledge
of an open proceeding which the spouse/sponsor is a
rightful "party" to. Without knowledge of the proceeding,
the spouse/sponsor is unable to participate in that
proceeding, even though the very subject of that
proceeding involves the validity of the spouse's relationship,
and the original application which included the sponsor's
contract.
This also means, USCIS is failing to inform ALL PARTIES,
including the US Citizen of the attorney representation of
the alien, and the US Citizen is then unable to contact such
attorney.
According to the Administrative Procedures Act (APA), 5 U.S.
Code 556(d) "A party is entitled to present his case or
defense by oral or documentary evidence, to submit
rebuttal evidence, and to conduct such cross-examination as
may be required for a full and true disclosure of the facts."
All communications throughout immigration proceedings
are currently done so through ex-parte communications,
denying the spouse/sponsor any ability to present his case
or defense, submit rebuttal evidence or conduct any crossexaminations. Therefore spouses/sponsors are denied
procedural due process.
The Spouse/Sponsor must be notified of the Attorney
representing the other party, and must be granted access to
that information when requesting it from USCIS.
The APA also allows for those who have been "adversely
affected" to request judicial review of the decision.
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Responses to 60-day FRN Public Comments
Form G-28 Revision
Sponsors/spouses are incapable of ever filing an appeal if
the outcome of the proceeding is withheld from them.
Spouses/Sponsors who are made aware that an attorney
has filed false information, filed an ex-parte communication,
etc. are unable to request sanctions against the attorney,
because USCIS is withholding that information from them. If
the information is maintained by USCIS it must also be
accessible to ALL PARTIES involved.
Comment Commenter: Kelsey Harris, American Immigration Lawyers
5.
Association (AILA)
Form G-28
Response:
• Throughout the proposed form, there are
• Thank you for your comment. USCIS will not make this
references to “Beneficiary or Derivative.” For clarity,
change at this time. However, USCIS is amending the forms
those references should be changed to “Principal
and instructions to refer to the applicant, petitioner,
Beneficiary” and “Derivative Beneficiary,” or
requestor, beneficiary or derivative, or respondent as “the
something that similarly separates the two types of
client.”
individuals.
• Page 1, Part 1: The proposed form removes the field
• Page 1, Part 1: The proposed form removes the field for the
for the Attorney or Accredited Representative’s fax
Attorney or Accredited Representative’s fax number... 
number. While facsimile may be considered an
USCIS will add the Fax Number field back to the form.
outdated form of communication, some service
centers still utilize fax as a method to communicate
• Page 1, Part 1, Item 3.a. and Page 2, Part 3, 13.a.: More
with attorneys, and emails can sometimes get lost
space should be provided for the…street name and number…
or filtered into spam folders. The fax number field
 Form G-28 allows for 34 characters in these fields. USCIS is
should be added into the sub-section in Part 1
not making changes to the field lengths at this time. If
designated, “Contact Information of Attorney or
additional space is needed to provide a complete street
Accredited Representative.”
name and number, Part 6. Additional Information, can be
used.
• Page 1, Part 1, Item 3.a. and Page 2, Part 3, 13.a.:
More space should be provided for the
Attorney/Accredited Representative’s street name
• Page 1, Part 1, Items 4 and 5 and Page 2, Part 3, Items 11
and number and the
and 12: These sections should be changed to allow more
Applicant/Petitioner/Beneficiary or
numbers to be entered and so that symbols are accepted. 
Derivative/Respondent’s street name and number.
Telephone number fields on Form G-28 allow for 10
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Responses to 60-day FRN Public Comments
Form G-28 Revision

•

•

•

Frequently, the relevant address is a foreign
address, and many foreign addresses are longer
than both the current version of the form and the
proposed form allow.
Page 1, Part 1, Items 4 and 5 and Page 2, Part 3,
Items 11 and 12: These sections should be changed
to allow more numbers to be entered and so that
symbols are accepted. Both the current version of
the form and the proposed form do not permit a
foreign number with a country code and plus (+)
symbol to be entered, so the information must
instead be entered in the “Additional Information”
section at the end of the form.
Page 1, Part 2, Item 3: A parenthetical explanation
should be added (either to the form or the form
instructions) explaining that the original attorney or
accredited representative of record (if any) will
remain the attorney or accredited representative of
record in this situation. The box at Page 1, Part 2,
Item 3 would likely be checked if an attorney is
appearing for the limited purpose of attending an
adjustment of status or other interview on behalf of
another attorney, and in this situation, it is
important that notices and communications
following the interview will continue to be sent to
the original attorney.
Page 2, Part 3, Items 1.b., 2.b. and 3.b.: Additional
space should be added to each item so that,
particularly in situations involving a limited
appearance, the appearance can be adequately
described. While Page 4 may be used if additional
space is needed, the form would be more
streamlined if attorneys/accredited representatives
were able to describe the specific matter for which

characters to be entered. USCIS is not making any changes to
the field length at this time. If additional space is needed to
provide a complete telephone number, Part 6. Additional
Information, can be used.
•

Page 1, Part 2, Item 3: A parenthetical explanation should be
added…  USCIS has added language to the G-28 and G-28I
Instructions according to this recommendation.

•

Page 2, Part 3, Items 1.b., 2.b. and 3.b.: Additional space
should be added…  USCIS is not adding additional space to
these fields at this time. We have added the instruction to
use Part 6. Additional Information, if extra space is needed.

•

Page 2, Part 3, Item 5: … The option of “Requestor” should
be retained …  USCIS added “Requestor” back to the form
and instructions. In addition, the applicant, petitioner,
requestor, beneficiary/derivative, or respondent will now be
referred to as “the client.”

•

Page 2, Parts 3 and 4: The “Part 4” block header should be
moved up…  USCIS is not moving the Part 4 header, but we
have removed reference to “Contact Information,” as that
Part does not collect any contact information.

•

Page 3, Part 4 (Options Regarding Receipt of USCIS Notices
and Documents)…  USCIS added clarifying language to the
instructions regarding limited appearances. We also made
edits to the Consent to Representation language that we feel
better explains the options.

•

Page 3, Part 4, Item 3.a.: This item…should be changed to
read “Signature of Applicant, Petitioner, Beneficiary or
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Responses to 60-day FRN Public Comments
Form G-28 Revision

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•

•

•

they are appearing on Page 2. In addition, additional
space in items 1.b., 2.b. and 3.b. would not increase
the number of pages overall.
Page 2, Part 3, Item 5: The option for “Requestor”
was removed and replaced with
“Beneficiary/Derivative.” The option of “Requestor”
should be retained to capture the correct
categorization of individuals who have retained an
attorney or accredited representative to assist them
with the submission of a FOIA/Privacy Act request,
and “requestor” should be referenced as
appropriate throughout the form and instructions.
Page 2, Parts 3 and 4: The “Part 4” block header
should be moved up above “Information about
Applicant, Petitioner, Beneficiary or Derivative,
Respondent, or Authorized Signatory for an Entity,”
as the header specifically refers to the “Applicant
Petitioner, Beneficiary or Derivative, or
Respondent…Contact Information.”
Despite the proposed changes that provide some
clarity, Page 3, Part 4 (Options Regarding Receipt of
USCIS Notices and Documents) remains complex
and difficult to navigate. The section would benefit
from additional changes.
Page 3, Part 4, Item 3.a.: This item currently reads
“Signature of Applicant, Petitioner, Beneficiary or
Derivative, or Respondent.” It should be changed to
read “Signature of Applicant, Petitioner, Beneficiary
or Derivative, Respondent, or Authorized Signatory
for an Entity.” The subheading for this section
should also be changed to include an authorized
signatory for an entity.

Derivative, Respondent, or Authorized Signatory for an
Entity.”  The applicant, petitioner, requestor,
beneficiary/derivative, or respondent will now be referred to
as “the client.” USCIS has added “Authorized Signatory for an
Entity” to this Part and Item Number.

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