# USCIS Policy Manual, Vol. 1, Pt. D, Ch. 2: Representation > Federal · Agency guidance · In force URL: https://www.frixlaw.com/law-library/statutes/USCIS_PM_V1_PD_C2 ## Section - **Citation:** USCIS Policy Manual, Vol. 1, Pt. D, Ch. 2 - **Heading:** Representation - **Jurisdiction:** Federal - **Kind:** Agency guidance - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** USCIS Policy Manual / Volume 1 - General Policies and Procedures / Part D - Attorneys and Representatives / USCIS Policy Manual, Vol. 1, Pt. D, Ch. 2 ## Text A. Overview Representation before USCIS includes practice and preparation constituting practice on behalf of another person or client before USCIS. [1] Practice means the act of an individual appearing on behalf of another person or client before USCIS, either in person (such as appearing for an interview) or through the preparation or filing of a brief or other documents. [2] Preparation constituting practice means the study of the facts of a case and the applicable laws as well as the giving of advice and other related activities. [3] Attorneys, accredited representatives, and law students and law graduates (with limitations), may provide representation. [4] Other categories of individuals may seek permission to appear with the benefit requestor before USCIS, but they do not provide representation. [5] Anyone who provides representation who is not authorized to do so is engaging in the unauthorized practice of immigration law. Some individuals may falsely claim to be attorneys or accredited representatives. USCIS provides resources to help benefit requestors find legal services and report scams and fraud. [6] A representative is an attorney or accredited representative (or law student or law graduate supervised by the attorney or accredited representative) designated on a properly executed notice of entry of appearance. [7] Permissible Activities and Limitations for Representatives The table below provides an overview of the different types of representatives and the corresponding requirements or limitations. Representatives Who May File Form G-28 Those who may file a Form G-28 or Form G-28I and generally engage in practice and preparation constituting practice before USCIS upon doing so are limited to: [9] - Attorneys in the United States; - Attorneys outside the United States representing the requestor for matters before USCIS occurring outside the geographical confines of the United States; [10] and - Accredited representatives. G-28 Those who may file a Form G-28 or Form G-28I and generally engage in practice and preparation constituting practice before USCIS upon doing so are limited to: [9] - Attorneys in the United States; - Attorneys outside the United States representing the requestor for matters before USCIS occurring outside the geographical confines of the United States; [10] and - Accredited representatives. Representatives Who May Be Listed on Form G-28 Filed by Supervising Attorney or Accredited Representative The following individuals may not file Form G-28 on their own behalf, but may be named on a Form G-28 submitted by a supervising attorney or accredited representative: - Law students participating in a legal aid program or clinic conducted by a law school or non-profit organization; and - Law graduates not admitted before the bar. [11] Under the supervision of the attorney or accredited representative who submitted Form G-28, and at the discretion of the DHS official before whom they wish to appear, these individuals may engage in practice and preparation constituting practice and interact with USCIS customer service channels on behalf of the client. B. Attorneys 1. Matters Before USCIS in the United States An attorney eligible to represent a benefit requestor before USCIS at a USCIS office located in the United States is any person who: - Is eligible to practice law in and is a member in good standing of the bar of the highest court of any state, possession, territory, or commonwealth of the United States, or of the District of Columbia; and - Is not under any order suspending, enjoining, restraining, disbarring, or otherwise restricting them in the practice of law. [12] IS office located in the United States is any person who: - Is eligible to practice law in and is a member in good standing of the bar of the highest court of any state, possession, territory, or commonwealth of the United States, or of the District of Columbia; and - Is not under any order suspending, enjoining, restraining, disbarring, or otherwise restricting them in the practice of law. [12] The attorney does not need to be admitted to practice in the state in which his or her office is located, where the benefit requestor resides, where the request is submitted, or in the jurisdiction in which USCIS is adjudicating the case. The attorney may have an office outside the United States or be physically located outside the United States. [13] If the attorney meets the requirements in the regulations, the attorney can represent the individual in matters before USCIS in the United States. [14] 2. Matters Before USCIS Outside the United States An attorney eligible to represent a benefit requestor before USCIS at a USCIS office located outside the United States is any person who: - Is eligible to represent a benefit requestor before USCIS in the United States; [15] or - Is licensed to practice law and is in good standing in a court of general jurisdiction of the country in which the matter is occurring, resides in that country, and is engaged in the practice of law in that country (foreign attorney). [16] Foreign Attorneys Attorneys who are not licensed to practice law in the United States, but are licensed to practice law in other countries, may only represent benefit requestors in matters outside the geographical confines of the United States regarding matters that are received, adjudicated, and decided entirely at a USCIS office outside the United States. A foreign attorney outside the United States appears at the discretion of the USCIS official before whom he or she would appear and must receive permission from the USCIS official before the appearance. C. Accredited Representatives ide the geographical confines of the United States regarding matters that are received, adjudicated, and decided entirely at a USCIS office outside the United States. A foreign attorney outside the United States appears at the discretion of the USCIS official before whom he or she would appear and must receive permission from the USCIS official before the appearance. C. Accredited Representatives The U.S. Department of Justice (DOJ) Executive Office for Immigration Review (EOIR) has the discretion to recognize organizations and accredit the organization’s representatives. [17] USCIS provides EOIR with a recommendation regarding whether to recognize an organization or accredit a representative, but EOIR makes the final determination. [18] An accredited representative is a person who: - Represents an organization recognized by EOIR; and - Is accredited by EOIR. [19] Current information on applying for recognition of organizations or accreditation of representatives is available from EOIR. [20] Only recognized organizations or organizations simultaneously applying for recognition may request accreditation for individuals. EOIR may grant conditional recognition for an organization that was not previously recognized, has federal tax-exempt status pending, or is approved for recognition after recognition was previously terminated. [21] USCIS considers organizations that have conditional recognition to be recognized by EOIR. EOIR may provide either full or partial accreditation to a representative. A fully accredited representative is authorized to appear before the immigration courts, the Board of Immigration Appeals (BIA), and DHS. [22] A partially accredited representative is only authorized to appear before DHS. In the request, the organization must specify whether it seeks full or partial accreditation for the representative. ide either full or partial accreditation to a representative. A fully accredited representative is authorized to appear before the immigration courts, the Board of Immigration Appeals (BIA), and DHS. [22] A partially accredited representative is only authorized to appear before DHS. In the request, the organization must specify whether it seeks full or partial accreditation for the representative. DOJ maintains recognition and accreditation rosters, which list the recognized organizations and accredited representatives who are authorized to represent benefit requestors before the immigration courts, the BIA, and DHS. [23] D. Law Students and Law Graduates Not Yet Admitted to the Bar 1. Permissible Activities and Limitations Students enrolled in an accredited U.S. law school and graduates of accredited U.S. law schools not yet admitted to the bar may engage in practice and preparation constituting practice under the supervision of a licensed attorney or accredited representative. [24] USCIS requires the supervising attorney or accredited representative to sign any substantive filings submitted by a law student or law graduate, such as the filing of benefit requests or legal briefs. Law students and law graduates may generally engage in customer service interactions with USCIS. [25] However, USCIS does not send written correspondence or documents to the law student or graduate, but rather the supervising attorney or accredited representative of record, even if the notice was requested by the law student or law graduate through case assistance channels. 2. Documentation Law students and law graduates may not submit their own Form G-28 . Instead, their supervising attorney or accredited representative must file Form G-28. The supervising attorney or accredited representative should list the law student or law graduate on the Form G-28 according to the form instructions and both the attorney or accredited representative and the law student or law graduate must sign the Form G-28. d law graduates may not submit their own Form G-28 . Instead, their supervising attorney or accredited representative must file Form G-28. The supervising attorney or accredited representative should list the law student or law graduate on the Form G-28 according to the form instructions and both the attorney or accredited representative and the law student or law graduate must sign the Form G-28. Additionally, law students and law graduates must submit a statement that meets the requirements below. The law student or graduate may attach a statement to the Form G-28 filed by the supervising attorney or accredited representative or submit the statement in person at a USCIS office at the time of an appearance. USCIS includes the written statement in the record. Law students must provide a written statement indicating that: - They are participating in a legal aid program or clinic conducted by a law school or non-profit organization; - They are under the direct supervision of a licensed attorney or accredited representative; and - They are appearing without direct or indirect payment from the benefit requestor. [26] Law graduates not yet admitted to the bar must provide a written statement indicating that: - They are appearing under the supervision of a licensed attorney or accredited representative; and - They are appearing without direct or indirect payment from the benefit requestor. [27] 3. USCIS Recognition of a Law Student or Law Graduate Before representing a benefit requestor at an interview or other appearance, law students or law graduates must request permission from the USCIS officer before whom they seek to appear. USCIS may require that a law student or law graduate be accompanied by the supervising faculty member, attorney, or accredited representative during the in-person appearance. [28] Even if the USCIS officer permits the law student or law graduate to appear in person, the USCIS officer may later rescind the permission. s must request permission from the USCIS officer before whom they seek to appear. USCIS may require that a law student or law graduate be accompanied by the supervising faculty member, attorney, or accredited representative during the in-person appearance. [28] Even if the USCIS officer permits the law student or law graduate to appear in person, the USCIS officer may later rescind the permission. If the USCIS officer observes an action by a law student or law graduate that provides good cause for the officer to believe that the representation provided impairs the efficient conduct of the in-person appearance, the USCIS officer alerts a USCIS supervisor. The USCIS supervisor may, in turn, notify the supervising attorney or accredited representative. Whether or not USCIS permits or thereafter rescinds the law student or law graduate’s permission to appear in person is in the discretion of USCIS. Footnotes [1] See 8 CFR 1.2 . [2] See 8 CFR 1.2 . [3] For the definition of preparation, see 8 CFR 1.2 . Preparation does not constitute practice if the preparer does not hold themselves out as qualified in legal matters or in immigration and naturalization procedures and merely assists with the completion of blank spaces on DHS forms for a nominal fee, if any. For more information on preparers, see Part B, Submission of Benefit Requests, Chapter 5, Interpreters and Preparers [ 1 USCIS-PM B.5 ]. [4] See 8 CFR 292.1(a) . [5] These two categories are reputable individuals and accredited officials as defined at 8 CFR 292.1(a)(3) and 8 CFR 292.1(a)(4 ). See Chapter 3, Other Representatives [ 1 USCIS-PM D.3 ]. Additionally, there are other categories of people who may accompany an individual to an interview but not provide representation. For example, a consultant as described in 8 CFR 208.30(d)(4) may accompany an individual to a credible fear interview or a trusted adult may accompany a child to certain interviews. [6] For more information, see the Avoid Scams webpage. esentatives [ 1 USCIS-PM D.3 ]. Additionally, there are other categories of people who may accompany an individual to an interview but not provide representation. For example, a consultant as described in 8 CFR 208.30(d)(4) may accompany an individual to a credible fear interview or a trusted adult may accompany a child to certain interviews. [6] For more information, see the Avoid Scams webpage. [7] A notice of entry of appearance may be either a Notice of Entry of Appearance as Attorney or Accredited Representative ( Form G-28 ) or a Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States ( Form G-28I ). [8] A notice of entry of appearance may be either a Form G-28 or a Form G-28I . Except where explicitly differentiated, policies regarding the Form G-28 also generally apply to the Form G-28I. [9] See 8 CFR 103.2(a)(3) . [10] USCIS has the discretion to deny the appearance of an attorney outside the United States regarding matters occurring outside the geographical confines of the United States. See 8 CFR 292.1(a)(6) . [11] See 8 CFR 292.1(a)(2) . USCIS has the discretion to deny the appearance of law students and law graduates. [12] See 8 CFR 1.2 . See the EOIR's List of Currently Disciplined Practitioners webpage. [13] However, USCIS generally only sends correspondence to an attorney or accredited representative if he or she has a U.S. business address. [14] See 8 CFR 1.2 . [15] See Subsection 1, Matters Before USCIS in the United States [ 1 USCIS-PM D.2(B)(1) ]. [16] See 8 CFR 292.1(a)(6) . [17] See 8 CFR 1292 . [18] See 8 CFR 1292.13(b) and 8 CFR 1292.13(e) . [19] See 8 CFR 292.1(a)(4) and 8 CFR 1292.12 . [20] See EOIR’s Recognition & Accreditation (R&A) Program webpage for further information. [21] See 8 CFR 1292.11(f) . [22] If an organization seeks full accreditation for a representative, it must establish that, in addition to the general requirements listed, the representative also possesses skills essential for effective litigation. 92.13(e) . [19] See 8 CFR 292.1(a)(4) and 8 CFR 1292.12 . [20] See EOIR’s Recognition & Accreditation (R&A) Program webpage for further information. [21] See 8 CFR 1292.11(f) . [22] If an organization seeks full accreditation for a representative, it must establish that, in addition to the general requirements listed, the representative also possesses skills essential for effective litigation. [23] See EOIR’s Recognition & Accreditation (R&A) Program webpage for lists of recognized organizations and accredited representatives. [24] See 8 CFR 292.1(a)(2) . [25] For requests to change the address of a person protected under 8 U.S.C. 1367, see Part A, Public Services, Chapter 7, Privacy and Confidentiality [ 1 USCIS-PM A.7 ]. [26] See 8 CFR 292.1(a)(2)(ii) . For an example of a law student request to appear, see Appendix: Sample Statement - Law Student [ 1 USCIS-PM D.2, Appendices Tab ]. [27] See 8 CFR 292.1(a)(2)(iii) . For an example of a law graduate request to appear, see Appendix: Sample Statement - Law Graduate [ 1 USCIS-PM D.2, Appendices Tab ]. [28] See 8 CFR 292.1(a)(2)(iv) . ## Nearby sections - [USCIS Policy Manual, Vol. 1, Pt. D, Ch. 1 Purpose and Background](https://www.frixlaw.com/law-library/statutes/USCIS_PM_V1_PD_C1.md) - [USCIS Policy Manual, Vol. 1, Pt. D, Ch. 2 Representation](https://www.frixlaw.com/law-library/statutes/USCIS_PM_V1_PD_C2.md) - [USCIS Policy Manual, Vol. 1, Pt. D, Ch. 3 Other Representatives](https://www.frixlaw.com/law-library/statutes/USCIS_PM_V1_PD_C3.md) - [USCIS Policy Manual, Vol. 1, Pt. D, Ch. 4 Establishing and Changing Representation](https://www.frixlaw.com/law-library/statutes/USCIS_PM_V1_PD_C4.md) - [USCIS Policy Manual, Vol. 1, Pt. D, Ch. 5 Professional Conduct and Reporting Misconduct](https://www.frixlaw.com/law-library/statutes/USCIS_PM_V1_PD_C5.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/USCIS_PM_V1_PD_C2. 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