Picture a long and dark maze made of dry legal jargon, forms, and deadlines. Sounds scary, right? That’s exactly what immigration paperwork is.
You could think of a Form G-28 as an experienced guide that will help you navigate that maze. Well, actually, it’s a form that allows you to have that guide.
This document doesn’t get as much attention as the I-485 (adjustment of status) or the dreaded I-862 (notice to appear for removal proceedings), but it is crucial in protecting immigrants' rights.
So sit down while we deliver the 411 (as the young would say) about the form G-28.
What Is Form G-28?
Before we go into details, here’s what you need to learn about Form G-28: Entry of Appearance.
Form G-28 is officially known as the Notice of Entry of Appearance as Attorney or Accredited Representative. No wonder they shortened it to “form G-28”, right?
This form allows an attorney or an accredited representative to act on behalf of an immigrant in legal proceedings with U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Patrol (CBP).
Basically, if you’re an immigrant and you want a lawyer to speak for you, fill out this form. Otherwise, USCIS treats you like a lone wolf navigating the system solo. And that’s usually a bad idea since immigration laws are complicated enough to make even an experienced attorney sweat.
Why Does Form G-28 Matter?
There are several solid reasons why Form G-28 is a big deal in immigration cases.
Here are some of them:
1. It Gives You a Legal Voice
USCIS won’t just assume you have a legal representative. You must explicitly authorize an attorney or an accredited representative to handle your immigration case. Without this form, your lawyer is just some random person sending letters to the government on your behalf. And the USCIS will most likely ignore them.
2. It Keeps You Updated on Your Case
When you file Form G-28, your attorney starts receiving all of the official notes and updates regarding your case. If you don’t have this form on file, everything gets sent directly to you. Needless to say, this isn’t ideal, especially if you’re not familiar with legal terminology.
3. It Saves You from Costly Mistakes
Remember the maze we made you imagine at the beginning of this article? The one made of deadlines, technicalities, legal jargon, and strict rules? One small mistake, like missing a filing date or filing a form incorrectly, can result in delays or even denials. A qualified attorney will make sure your paperwork is flawless and on time.
Who Can File Form G-28?
Not just anyone can step in from the street and start handling your immigration case. There are only two types of representatives that are allowed to file Form G-28:
1. Attorneys
The attorney must be licensed in the United States and be in good standing with the bar association in at least one state or territory. This means your cousin who took a law class in college but never got a degree doesn’t qualify.
2. Accredited Representatives
If you can’t afford an attorney, you might qualify for free or low-cost legal assistance from a nonprofit organization. This organization has to be recognized by the Department of Justice (DOJ). Accredited representatives are not attorneys, but they do have the legal authority to represent immigrants in front of the USCIS and other agencies.
When Should You File Form G-28?
If you have legal representation, you must submit Form G-28 with every application, petition, or appeal where your attorney is involved. USCIS will not assume anything because you filed it once, it applies to everything you submit.
For example:
- If you’re applying for a green card (Form I-485) and your lawyer is helping, you need to file a G-28 with your application.
- If you later need to file a waiver (Form I-601), you need a separate G-28 for that waiver.
Bottom line: each new case requires a fresh G-28. Even if you’re using the same lawyer. It is a bit of extra paperwork, but hey, that’s the bureaucracy for you.
What Happens If You Don’t File Form G-28?
If you don’t file Form G-28 when you have an attorney can, and will, cause delays and probably headaches.
Here’s what can go wrong:
- Your Lawyer Won’t Get Important Notes: Without Form G-28, USCIS will send all the correspondence directly to you. If you miss an important deadline or misinterpret some official notice, your case will be denied or delayed.
- USCIS Might Not Acknowledge Your Attorney: If your attorney tries to submit forms or communicate with USCIS on your behalf without a G-28, their involvement will be ignored. Basically, the government won’t even acknowledge that you have legal representation.
- You Will Have to Deal With Immigration Official Alone: Walking into a USCIS interview or immigration court hearing without an attorney by your side is like going to a final exam without studying. Not a good idea.
How To Fill Out Form G-28?
The Form G-28 itself is not too complicated to fill out. Still, let’s go over the key sections:
1. Part 1 – Information About the Applicant
- Full legal name
- A-number (if applicable)
- Contact information
2. Part 2 – Attorney or Representative Information
- Attorney’s full name
- Bar number (if an attorney)
- Organization details (if an accredited representative)
3. Part 3 – Consent & Notifications
- The applicant must sign to authorize representation
- Option to receive copies of all notices and documents (select Yes, so your lawyer gets updates)
4. Part 4 – Signature of Attorney or Representative
- The lawyer or representative must sign and date the form
Once completed, the G-28 must be submitted along with the primary immigration application.
Even though Form G-28 is relatively simple to fill out, people still make mistakes. Here are some common mistakes you should try to avoid when filing Form G-28:
- Not signing the form: Without a signature, the form is invalid.
- Forgetting to send it with your application: If your attorney is representing you, this form must be included.
- Leaving out key information: Missing details can lead to processing delays.
- Submitting an outdated version: Always use the most recent version available on the USCIS website.
Final Thoughts: Don’t Skip Form G-28!
If you have a lawyer handling your immigration case, Form G-28 is non-negotiable. It’s the only way to officially authorize your legal representative and ensure they receive all critical case updates.
Think of it as a VIP pass for your lawyer—without it, they’re stuck outside while your immigration case moves forward. And trust me, you don’t want to go through the immigration system alone.
So, if you’re working with an attorney, double-check that Form G-28 is properly filed. It’s a small form, but it makes a huge difference.
