Form G-28 guide: Notice of Entry of Appearance as Attorney or Accredited Representative
Form G-28's official name is the Notice of Entry of Appearance as Attorney or Accredited Representative, sometimes informally called a "notice of representation." It is a U.S. Department of Homeland Security (DHS) form used in matters before U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). According to USCIS, the form provides information about the representative's eligibility to act on behalf of an applicant, petitioner or respondent, and must be filed together with the related application, petition or appeal.
Put simply, the G-28 is the document that lets the government "officially know the case has a lawyer": once filed, that attorney or accredited representative becomes the attorney of record on the case and can communicate with the agency on your behalf, receive copies of notices, check on the case, and respond to requests for evidence. It does not itself apply for any immigration benefit, and almost every USCIS case handled by a lawyer includes one.
At a glance
| Item | Details |
|---|---|
| Official name | Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative |
| Agency | USCIS, ICE and CBP within the Department of Homeland Security (the immigration courts and the Board of Immigration Appeals use separate EOIR forms) |
| Who files | Completed by the attorney or accredited representative, and signed by the applicant, petitioner or respondent to consent |
| When to file | Together with the application, petition or appeal; filed separately when a representative is changed or added while the case is pending |
| Fee | Per the official USCIS fee schedule |
| Online filing? | When an attorney files a case online through a USCIS online account on a client's behalf, there is a corresponding electronic process; follow current USCIS instructions |
| Commonly filed with | Almost every USCIS form, such as the I-130, I-485, I-140, N-400 and I-290B |
| Official page | uscis.gov/g-28 |
What the G-28 does
- Confirms the representation: it tells USCIS and other agencies who your representative is, so the representative can communicate with the agency about your case on your behalf.
- Receiving notices: the agency sends copies of receipts, requests for evidence (RFEs), interview notices, decisions and so on to the representative. The form also has options to request that important notices, or identity documents such as a green card, be sent to the representative's office address.
- Attending interviews: the representative can accompany you to USCIS interviews.
- Inquiries and responses on your behalf: the representative can check on case progress, submit responses to requests for evidence, and handle procedural matters within the scope of the authorization.
Note that the G-28 does not replace your own signature. The applicant's statement and signature on the application must, in principle, still be signed by you, and you are responsible for the truthfulness of the form's contents.
Who can serve as a representative
Who can represent others in DHS matters is governed by federal regulations at 8 CFR 292.1. Part 2 of the G-28 corresponds to these categories, which mainly include:
- Attorneys: lawyers who are eligible to practice law in, and members in good standing of, the bar of the highest court of any U.S. state, possession, territory or the District of Columbia, and who are not suspended or restricted from practice. Attorneys practicing in the United States must list on the G-28 the state where they are licensed and their bar number (if applicable).
- Accredited representatives: non-attorney representatives designated by a nonprofit organization recognized by the U.S. Department of Justice's Executive Office for Immigration Review (EOIR) (a recognized organization) and accredited by EOIR; they may represent clients only through that organization.
- Other categories under the regulations: law students or law graduates supervised by an attorney or accredited representative, qualifying "reputable individuals," accredited officials of foreign governments, and others, each subject to strict limits.
The following people cannot represent you in an immigration case with a G-28:
- "Immigration consultants," "immigration agents," "notarios" and others who are not licensed U.S. attorneys. They may help with typing or translation at your direction (which must be truthfully disclosed in the interpreter or preparer section of the form), but they cannot appear on your behalf or give legal advice in dealings with the agency;
- People licensed as lawyers only in countries outside the United States: they cannot use a G-28 in DHS cases inside the United States, and use the G-28I only in qualifying matters abroad (see below).
Before hiring someone, you can check a lawyer's license status and disciplinary record on the website of the bar association or court in the state where the lawyer is licensed; accredited representatives can be checked against the roster EOIR publishes.
Legal basis
- 8 CFR 292.1: the categories of people who may represent others.
- 8 CFR 292.4(a): a representative must file a notice of appearance on the prescribed form in each case; in application and petition proceedings, the notice of appearance must be signed by the applicant or petitioner to authorize the representation.
- 8 CFR 103.2(a)(3): representation and service of notices in USCIS application proceedings.
Tips for completing the form
Part 1: Information about the representative
- Name, office address, phone and email; if the representative has a USCIS online account number, enter it as the form requires.
- The office address is where the agency sends copies of notices, so it must be accurate.
Part 2: Eligibility to represent
- Attorneys check the attorney category, list the state of licensure and bar number, and state that they are not suspended or restricted from practice; accredited representatives enter their recognized organization and accreditation information.
Part 3: The matter being handled
- Select the agency involved (USCIS, ICE or CBP) and describe the specific matter, such as the form number being filed and the receipt number (if one already exists).
- List the client's name, A-Number (if any), USCIS online account number (if any), contact information and so on.
Part 4: Client's consent and signature
- The client signs to consent to representation by that representative, and can choose whether to request that important notices and identity documents such as a green card be sent to the representative's address.
- The USCIS page is clear: unsigned forms will be rejected, and the client must also sign.
Part 5: Representative's signature
- The representative signs and dates the form. If a law student or law graduate is involved, complete the additional section as the form instructions direct.
Before filing, download the currently accepted edition from the USCIS website and check the edition date in the form's footer.
Filing and changes
- Filing with the case: the G-28 is generally placed at the very front of the filing and submitted together with the application. When one package contains several applications (for example, an I-485, I-765 and I-131 filed together), a separate G-28 is usually attached to each application; follow the form instructions.
- Hiring a lawyer while the case is pending: for a case already filed, a newly retained lawyer can file a G-28 separately, noting the receipt number.
- Changing lawyers: under 8 CFR 292.4(a), a representative may be substituted after the prior representative withdraws in writing; the new lawyer takes over by filing a new G-28. During the change, make sure both the agency and the new lawyer have the latest information.
- Scope of the notice of appearance: a G-28 generally remains in effect until the matter is concluded; however, an appeal to the USCIS Administrative Appeals Office (AAO) requires a new G-28 (see I-290B).
- Relationship to address changes: the G-28 records the lawyer's address and does not replace reporting your own change of address. When you move, you must still report it yourself (see AR-11).
- NVC and consular processing: on the Department of State NVC's Public Inquiry Form, the attorney's name is entered as it appears on the G-28, and NVC sends interview scheduling notices to the applicant, the petitioner and the attorney.
How the G-28 differs from similar forms
| Form | Where it is used | Who can use it |
|---|---|---|
| G-28 | DHS matters inside and outside the United States (USCIS, ICE, CBP) | U.S. attorneys, accredited representatives and others listed in 8 CFR 292.1 |
| G-28I | Matters handled by DHS offices abroad, where the case is located outside the United States; the USCIS page makes clear it cannot be used for cases at offices inside the United States | Attorneys licensed in countries outside the United States |
| EOIR-28 | Immigration Court proceedings | Attorneys or accredited representatives who meet EOIR's requirements |
| EOIR-27 | Board of Immigration Appeals (BIA) proceedings | Attorneys or accredited representatives who meet EOIR's requirements |
In other words, a person who has both a USCIS application and a case in immigration court needs a G-28 filed with USCIS and a separate EOIR-28 filed with the immigration court.
FAQ
If I file my application myself, do I need a G-28?
No. The G-28 is used only when an attorney or accredited representative is representing you. If you have no representative, you don't need one.
With a G-28 on file, will USCIS still send mail to me?
Generally, originals go to the applicant and copies go to the representative; you can also choose on the G-28 to have important notices or identity documents sent to the representative's address. How documents are actually delivered follows current USCIS practice.
An agent filled out my forms. Can he or she sign the G-28?
No. Only the people listed in 8 CFR 292.1 can sign a G-28 as a representative. A non-attorney who helps you prepare forms should be truthfully listed in the "preparer" section of the application, but cannot appear as your representative.
After I change lawyers, what happens to the old G-28?
Once the new lawyer files a new G-28, the agency updates its record of representation. If the prior lawyer withdraws on his or her own, it is handled as the agency requires. When changing, we recommend handing over all materials, such as receipt numbers and requests for evidence, to the new lawyer.
Can a lawyer licensed in China represent me in my USCIS case?
A person who holds only a Chinese law license and no U.S. law license cannot represent you with a G-28 in USCIS cases inside the United States. The G-28I applies only to matters abroad handled by DHS offices outside the United States.
Official sources
- USCIS: Form G-28 page
- USCIS: Form G-28I page
- 8 CFR Part 292 (representation and appearances)
- EOIR: Recognition and Accreditation Program
Related reading
- Common U.S. immigration forms at a glance
- What to do when you receive an RFE
- Form AR-11 change of address
Want a lawyer to represent you in your immigration case, or want to change representatives partway through? Book an attorney review. We will first learn where your case stands, then explain the scope of representation and how the handover works.
This article is general information and is not legal advice. Laws and policies can change; rely on the latest official information and on an attorney's advice for your specific situation.