G-28I Instructions TOC

G28I-009-INS-TOC-Rev-30Day-09212021.docx

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

G-28I Instructions TOC

OMB: 1615-0105

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TABLE OF CHANGES – INSTRUCTIONS

Form G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States

OMB Number: 1615-0105

9/21/2021


Reason for Revision: Revision

Project Phase: 30-Day


Legend for Proposed Text:

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Edition Date 05/23/2018

Expires 05/31/2021



Current Page Number and Section

Current Text

Proposed Text

Page 1,

What Is the Purpose of Form G-28I?

[Page 1]


What Is the Purpose of Form G-28I?


This form is used to establish the eligibility of an attorney admitted to the practice of law in a country other than the United States to represent a client (applicant, petitioner, beneficiary or derivative, or respondent) in an immigration matter before U.S. Department of Homeland Security (DHS) 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 a properly completed Form G-28I that was signed by the attorney and the client.






[Page 1]


What Is the Purpose of Form G-28I?


This form is used to establish the eligibility of an attorney admitted to the practice of law in a country other than the United States to represent a client (applicant, petitioner, beneficiary or derivative, or respondent) in an immigration matter before the U.S. Department of Homeland Security (DHS) 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 a properly completed Form G-28I that was signed by the attorney and the client. Each attorney appearing in a case must submit their own Form G-28I and USCIS only recognizes one Form G-28I at a time.



Page 1,

Who May Use Form G-28I?

[Page 1]


Who May Use Form G-28I?


Attorneys Licensed Outside the United States


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 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. The DHS official before whom the attorney seeks to appear must also provide permission. Acceptance of a completed Form G-28I does not itself constitute permission for the attorney to represent a client 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 is appearing in person at a DHS office for a limited purpose, such as appearing for an interview, and at the request of the attorney of record who has previously filed Form G-28I in the same case, you must complete and submit Form G-28I in person at a DHS office.


NOTE: The original attorney or accredited representative of record will remain the attorney or accredited representative of record in this situation. Any notices and communications USICS sends following the interview will continue to be sent to the original attorney or accredited representative of record.


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)(6) that you are authorized and qualified to represent the individual or entity. DHS may require further proof of authority to act in a representative capacity.


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[Page 1]


Who May Use Form G-28I?


Attorneys Licensed Outside the United States


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 and in good standing in a court of general jurisdiction of the country in which they reside, and who is engaged in such practice of law. The DHS official before whom the attorney seeks to appear must also provide permission. Acceptance of a completed Form G-28I does not itself constitute permission for the attorney to represent a client 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 is appearing in person at a DHS office for a limited purpose, such as appearing for an interview, and at the request of the attorney of record who has previously filed Form G-28I in the same case, you must complete and submit Form G-28I in person to a DHS official.


NOTE: The original attorney of record will remain the attorney of record in this situation. Any notices and communications DHS sends will continue to be sent to the original attorney of record.





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)(6) that you are authorized and qualified to represent the individual or entity. DHS may require further proof of authority to act in a representative capacity.


Withdrawing a Form G-28I


An attorney or the applicant, petitioner, beneficiary or derivative, or respondent may withdraw Form G-28I at any time by submitting written notice of withdrawal to DHS, or by submitting a new Form G-28I. The applicant, petitioner, beneficiary or derivative, or respondent will be treated as unrepresented unless a new Form G-28I is submitted.


Pages 1-2,

General Instructions

[Page 1]


General Instructions


USCIS provides forms free of charge through the USCIS website. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833.




Signature. Each Form G-28I must be properly signed and filed. For all signatures on this form, DHS will not accept a stamped or typewritten name in place of a signature.










[Page 2]



2. If you need extra space to complete any item within this form, use the space provided in Part 6. Additional Information or attach a separate sheet of paper; type or print your name at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.



3. Answer all questions fully and accurately.


[new]

[Page 1]


General Instructions


USCIS provides forms free of charge through the USCIS website. To view, print, or fill out our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have Internet access, you may call the USCIS Contact Center at 1-800-375-5283 and ask that we mail a form to you. The USCIS Contact Center provides information in English and Spanish. For TTY (deaf or hard of hearing) call: 1-800-767-1833.


Signature. Each Form G-28I must be properly signed and filed. For all signatures on this form, DHS will not accept a stamped or typewritten name in place of a signature. A legal guardian may also sign for a mentally incompetent person. If the request is not signed or if the requisite signature on the request is not valid, USCIS will reject the request. See 8 CFR 103.2(a)(7)(ii)(A). If USCIS accepts a request for adjudication and determines that it has a deficient signature, USCIS will deny the request.


[Page 2]



2. If you need extra space to complete any item within this form, use the space provided in Part 6. Additional Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.


3. Answer all questions fully and accurately.


NOTE: It is the attorney’s responsibility to ensure all contact information is kept up to date throughout the proceedings. Updates to contact information must be made in writing to DHS.


Pages 2-3,

Specific Instructions

[Page 2]


Specific Instructions


Part 1. Information About Attorney


Item Number 1. USCIS Online Account Number (if any). If you (the attorney) have previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. You may find your USCIS Online Account Number at the top of the notice. The USCIS Online Account Number is not the same as an Alien Registration Number (A-Number). If you were issued a USCIS Online Account Number, enter it in the space provided.


Item Numbers 2.a. - 7. Attorney Information. Provide the full name, mailing address, and contact information of the attorney.


Part 2. Eligibility Information for Attorney


Item Numbers 1.a. - 1.d. Eligibility Information. If you are an attorney licensed to practice in the country where you reside and regularly engage in such practice, you must select Item Number 1.a. and provide the required information regarding the licensing authority for the country of admission or licensure. You must provide your license number, if any, for the jurisdiction in which you are admitted to practice in Item Number 1.b. If you are subject to any order suspending, enjoining, restraining, disbarring, or otherwise restricting you in the practice of law, you must select Item Number 1.c. and disclose this information using the space provided in Part 6. Additional Information. Attorneys are required to notify DHS of convictions or discipline under 8 CFR 292.3. You must also provide the name of your law firm or organization, if applicable, in Item Number 1.d. If you need extra space to complete this section, use the space provided in Part 6. Additional Information.



Item Numbers 1.a. - 3.b. Appearance before USCIS, ICE, or CBP. Select only one box to indicate the DHS agency where the matter is pending. If you select the box for USCIS, list the form numbers filed with Form G-28I or the specific matter in which the appearance is entered. If you select the box for CBP or ICE, list the specific matter in which the appearance is entered.





[Page 3]



Item Numbers 6.a. - 7.b. Information About Client. Provide the full name of the client. If the client is an entity, provide the name of the entity and the title of the entity’s authorized signatory.


Item Number 8. Client’s USCIS Online Account Number (if any). If the client has previously filed an application or petition using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number he or she was issued by the system. The client can find the USCIS Online Account Number by logging in to his or her account and going to the profile page. If the client previously filed certain applications or petitions on a paper form through a USCIS Lockbox facility, he or she may have received a USCIS Online Account Access Notice issuing a USCIS Online Account Number. You may find the USCIS Online Account Number at the top of the notice. The USCIS Online Account Number is not the same as an A-Number. If the client was issued a USCIS Online Account Number, enter it in the space provided.


Item Number 9. Client’s Alien Registration Number (A-Number) (if any). Provide the A-Number for the client, if any.


Item Numbers 10. - 12. Client’s Contact Information. Provide the daytime telephone number, the mobile telephone number, and the email address for the client, if any.


Item Numbers 13.a. - 13.f. Mailing Address of Client. Provide the mailing address of the client. Do not provide the business mailing address of the attorney unless it serves as the safe mailing address on the application or petition being filed with this Form G-28I.



Item Number 1. Options Regarding Receipt of USCIS Notices. The client must select Item Number 1. if he or she wants USCIS to send original notices to the attorney of record. When Item Number 1. is selected, original notices will be sent to the attorney and copies will be sent to the client. USCIS will mail notices and other correspondence to a foreign address. If you need to provide a U.S. business address, use Part 6. Additional Information.




Item Numbers 2.a. - 2.b. Signature of Client or Authorized Signatory for an Entity. The client must sign and date the form in black ink. If the client is under 14 years of age, a parent or legal guardian may sign Form G-28I on his or her behalf. A legal guardian may also sign for a mentally incompetent person.


Part 5. Signature of Attorney


Item Numbers 1.a. - 1.b. Signature of Attorney. The attorney must sign and date the form in black ink.


Part 6. Additional Information


Item Numbers 1.a. - 6.d. If you need extra space to provide any additional information within this form, use the space provided in Part 6. Additional Information. If you need more space than what is provided in Part 6., you may make copies of Part 6. to complete and file with your form, or attach a separate sheet of paper. Type or print your name at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.


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[Page 2]


Specific Instructions


Part 1. Information About Attorney


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Item Numbers 2. - 7. Attorney Information. Provide the full name, mailing address, and contact information of the attorney.


Part 2. Eligibility Information for Attorney


Item Numbers 1.A. - 1.C. Eligibility Information. If you are an attorney licensed to practice in the country where you reside and regularly engage in such practice, you must select Item Number 1.A. and provide the required information regarding the licensing authority for the country of admission or licensure. You must provide your license number, if any, for the jurisdiction in which you are admitted to practice in Item Number 1.A. If you are subject to any order suspending, enjoining, restraining, disbarring, or otherwise restricting you in the practice of law, you must select Item Number 1.B. and disclose this information using the space provided in Part 6. Additional Information. Attorneys are required to notify DHS of convictions or discipline under 8 CFR 292.3. You must also provide the name of your law firm or organization, if applicable, in Item Number 1.C. If you need extra space to complete this section, use the space provided in Part 6. Additional Information.



Item Numbers 1.A. - 3.B. Appearance before USCIS, ICE, or CBP. Select only one box to indicate the DHS agency where the matter is pending. If you select the box for USCIS, list the form numbers filed with Form G-28I or the specific matter in which the appearance is entered. If you select the box for CBP or ICE, list the specific matter in which the appearance is entered. If a form number or matter is not listed in these Item Numbers, DHS may not send you information regarding that case.


[Page 3]



Item Numbers 6. - 8. Information About Client. Provide the full name of the client. If the client is an entity, provide the name of the entity and the title of the entity’s authorized signatory.


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Item Number 10. Client’s Alien Registration Number (A-Number) (if any). Provide the A-Number for the client, if any.


Item Numbers 11. - 13. Client’s Contact Information. Provide the daytime telephone number, the mobile telephone number, and the email address for the client, if any.


Item Numbers 14. Mailing Address of Client. Provide the mailing address of the client. Do not provide the business mailing address of the attorney unless it serves as the safe mailing address on the application or petition being filed with this Form G-28I.



Item Number 1. Options Regarding Receipt of USCIS Notices. The client must select Item Number 1. if they want USCIS to send original notices to the attorney of record. When Item Number 1. is selected, original notices will be sent to the attorney and copies will be sent to the client. USCIS will mail notices and other correspondence to a foreign address. If you need to provide a U.S. business address, use Part 6. Additional Information. This election may be changed by submitting a new Form G-28I to USCIS.


Item Number 2. Signature of Client or Authorized Signatory for an Entity. The client must sign and date the form in black ink. If the client is under 14 years of age, a parent or legal guardian may sign Form G-28I on their behalf. A legal guardian may also sign for a mentally incompetent person.


Part 5. Signature of Attorney


Item Number 1. Signature of Attorney. The attorney must sign and date the form in black ink.


Part 6. Additional Information


Item Numbers 1.A. - 6.D. If you need extra space to provide any additional information within this form, use the space provided in Part 6. Additional Information. If you need more space than what is provided in Part 6., you may make copies of Part 6. to complete and file with your form, or attach a separate sheet of paper. Type or print your name at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.



Page 4,

USCIS Privacy Notice

[Page 4]


USCIS Privacy Notice


AUTHORITIES: The information requested on this form is collected pursuant to 8 CFR 292.4(a).


PURPOSE: The primary purpose for providing the requested information on this form is to designate you as an attorney eligible to appear and act on behalf of a client.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information may prevent your ability to represent an individual or entity before DHS.


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, and local government agencies and authorized organizations in accordance with approved routine uses, as described in the associated published system of records notices [DHS/USCIS-001 - Alien File and National File Tracking System, DHS/USCIS-007 - Benefits Information System, DHS/USCIS-010 - Asylum Information and Pre-Screening, DHS/USCIS-005 Inter-Country Adoptions Security, DHS/USCIS-006 Fraud Detection and National Security Records, and DHS/USCIS-017 Refugee Case Processing and Security] and as described in the published privacy impact assessments [DHS/USCIS/PIA-015 Computer Linked Application Information Management (CLAIMS 4) Update, DHS/USCIS/PIA-016 Computer Linked Application Information Management (CLAIMS 3) and Associated Systems, DHS/USCIS/PIA-056 ELIS, DHS/USCIS/PIA-027(c)-USCIS Asylum Division, DHS/USCIS/PIA-003(b) Integrated Digitization Document Management Program, DHS/USCIS/PIA-007(b) Domestically Filed Intercountry Adoptions and Petitions, DHS/USCIS/PIA-013(a) Fraud Detection and National Security Data System, and DHS/USCIS/PIA-051 Case and Activity Management for International Operations] 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 Notice


AUTHORITIES: The information requested on this form is collected pursuant to 8 CFR sections 103.2 and 292.1.


PURPOSE: The primary purpose for providing the requested information on this form is to designate you as an attorney eligible to appear and act on behalf of a client.


DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information may prevent your ability to represent an individual or entity before DHS.


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, and local government agencies and authorized organizations in accordance with approved routine uses, as described in the associated published system of records notices [DHS/USCIS-001 - Alien File and National File Tracking System, DHS/USCIS-007 - Benefits Information System, DHS/USCIS-010 - Asylum Information and Pre-Screening, DHS/USCIS-005 Inter-Country Adoptions Security, DHS/USCIS-006 Fraud Detection and National Security Records, and DHS/USCIS-017 Refugee Case Processing and Security] 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

[Page 4]


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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 30 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0105. Do not mail your completed Form G-28I to this address.


[Page 4]


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 Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 30 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0105. Do not mail your completed Form G-28I to this address.



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