Establishing and Changing Representation

A. Establishing Representation

If a benefit requestor is represented by an attorney or accredited representative, the record must contain a valid 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 ). The purpose of these forms is to:

- Establish the eligibility of an attorney or accredited representative to appear for and act on behalf of a benefit requestor; and

- Maintain a clear record of with whom communication is authorized.

USCIS only recognizes one notice of entry of appearance at a time.

An attorney or accredited representative may file a notice of entry of appearance [1] at any stage in the proceedings. A separate notice of entry of appearance must be submitted for each case [2] in which the attorney or accredited representative seeks to appear. When filing an appeal with the Administrative Appeals Office (AAO), an attorney or accredited representative must file a new notice of entry of appearance.

1. USCIS Verification of Notice of Entry of Appearance

The Form G-28 or Form G-28I must be properly filed in accordance with each form’s instructions. [3] USCIS may, at any time, verify the attorney or accredited representative’s eligibility and require further proof of authority to provide representation.

In the case of attorneys in the United States, USCIS should consult the websites of the relevant licensing authority to confirm that the individual is licensed. [4] In addition, USCIS should consult the U.S. Department of Justice (DOJ), Executive Office for Immigration Review’s (EOIR) list of currently disciplined practitioners. [5] USCIS does not recognize a Form G-28 if the named attorney is suspended or disbarred by the Board of Immigration Appeals (BIA). Additionally, USCIS may request that attorneys appearing in person present a bar card.

s licensed. [4] In addition, USCIS should consult the U.S. Department of Justice (DOJ), Executive Office for Immigration Review’s (EOIR) list of currently disciplined practitioners. [5] USCIS does not recognize a Form G-28 if the named attorney is suspended or disbarred by the Board of Immigration Appeals (BIA). Additionally, USCIS may request that attorneys appearing in person present a bar card.

In the case of accredited representatives, USCIS should verify that the named individual is accredited and the organization he or she is associated with is recognized by referring to EOIR’s Recognition and Accreditation Program rosters. [6] USCIS does not recognize a Form G-28 when the named individual is not on the EOIR roster of accredited representatives or the information on the G-28 for the representative’s organization does not match the information on the EOIR rosters of accredited representatives and recognized organizations.

2. USCIS Recognition of Notice of Entry of Appearance

Once USCIS accepts a notice of entry of appearance, USCIS generally recognizes the appearance until the conclusion of the case for which it was entered, [7] unless:

- The attorney or accredited representative withdraws;

- The benefit requestor notifies USCIS of the termination of representation;

- Another attorney or accredited representative enters an appearance;

- The named attorney is suspended or disbarred by BIA; [8] or

- The named accredited representative’s accreditation or his or her organization’s accreditation is terminated by DOJ. [9]

An attorney or accredited representative may appear before USCIS for a limited purpose, such as appearing for an interview, and at the request of the attorney or accredited representative of record. An attorney or accredited representative appearing for a limited purpose must complete and submit a notice of entry of appearance. The original attorney or accredited representative of record remains the attorney or accredited representative of record in this situation.

a limited purpose, such as appearing for an interview, and at the request of the attorney or accredited representative of record. An attorney or accredited representative appearing for a limited purpose must complete and submit a notice of entry of appearance. The original attorney or accredited representative of record remains the attorney or accredited representative of record in this situation.

USCIS generally sends notices to both the benefit requestor at the mailing address provided on the associated benefit request and the attorney or accredited representative as indicated on the notice of entry of appearance. [10]

Unless the benefit requestor indicates otherwise on the notice of entry of appearance, USCIS generally sends secure documents [11] directly to the benefit requestor’s U.S. mailing address. [12] Benefit requestors who are represented may request that USCIS send secure documents to the U.S. business address of their attorney or accredited representative. [13] Benefit requestors must indicate their delivery preference on a properly completed and signed notice of entry of appearance. When the notice of entry of appearance does not reflect such a request, USCIS sends secure documents to the benefit requestor’s U.S. mailing address.

3. Notice of Entry of Appearance Not Recognized by USCIS

If USCIS does not accept a notice of entry of appearance because it is not properly completed or valid or the attorney or accredited representative is ineligible to appear before the agency, USCIS adjudicates the benefit request as if the benefit requestor is unrepresented. USCIS sends the receipt notice and any other correspondence only to the benefit requestor. Officers should still consider any filings, evidence, legal briefs, or other documents previously submitted by the attorney or accredited representative on behalf of the benefit requestor.

ligible to appear before the agency, USCIS adjudicates the benefit request as if the benefit requestor is unrepresented. USCIS sends the receipt notice and any other correspondence only to the benefit requestor. Officers should still consider any filings, evidence, legal briefs, or other documents previously submitted by the attorney or accredited representative on behalf of the benefit requestor.

Additionally, USCIS does not allow a representative without a valid notice of entry of appearance to represent the benefit requestor during an interview or other appearance. USCIS may allow the attorney or accredited representative to provide a valid notice of entry of appearance or correct an invalid notice of entry of appearance before beginning an interview.

USCIS explains the situation to the benefit requestor and allows them an opportunity to reschedule the appointment to seek representation, if desired. If the benefit requestor decides to continue with the appointment the same day, the benefit requestor executes a waiver of representation saying that he or she has voluntarily chosen to continue without representation.

B. Change or Withdrawal of Representation

Benefit requestors can change attorneys or accredited representatives, withdraw representation, or elect to decline representation at any time.

Termination or Withdrawal

A benefit requestor or the attorney or accredited representative may withdraw a notice of entry of appearance at any time by submitting written notice of withdrawal to the office where the case is pending. Additionally, if a notice of entry of appearance is submitted for a new attorney or accredited representative, USCIS considers the prior Form G-28 representation to be terminated.

USCIS recognizes such termination or withdrawal upon receipt. USCIS includes the requestor’s written request in the record.

Change of Representative

written notice of withdrawal to the office where the case is pending. Additionally, if a notice of entry of appearance is submitted for a new attorney or accredited representative, USCIS considers the prior Form G-28 representation to be terminated.

USCIS recognizes such termination or withdrawal upon receipt. USCIS includes the requestor’s written request in the record.

Change of Representative

USCIS recognizes a change of attorney or accredited representative upon the filing of a properly completed notice of entry of appearance by a new attorney or accredited representative. USCIS retains the new notice of entry of appearance in the record of proceeding.

Declining Representation During a Proceeding

When benefit requestors appear for an interview, they may elect to proceed without an attorney or accredited representative even if there is a notice of entry of appearance on record. In such a case, however, they must sign and submit a statement to USCIS that they have voluntarily chosen to proceed without representation. USCIS includes the statement in the record.

Footnotes

[1] A notice of entry of appearance may be either a Form G-28 or a Form G-28I .

[2] The term case, as used in this part, includes the benefit request filed with USCIS and any motions to reopen or reconsider the denial or dismissal of that benefit request. The form numbers or specific matter in which appearance is entered must be indicated on Form G-28 or Form G-28I .

[3] See Part B, Submission of Benefit Requests [ 1 USCIS-PM B ].

[4] If an officer discovers a state bar suspension, the officer should notify their supervisor. For more information, see Chapter 5, Professional Conduct and Reporting Misconduct [ 1 USCIS-PM D.5 ].

[5] See EOIR’s List of Currently Disciplined Practitioners webpage.

[6] See EOIR’s Recognition & Accreditation (R&A) Program webpage for lists of recognized organizations and accredited representatives.

If an officer discovers a state bar suspension, the officer should notify their supervisor. For more information, see Chapter 5, Professional Conduct and Reporting Misconduct [ 1 USCIS-PM D.5 ].

[5] See EOIR’s List of Currently Disciplined Practitioners webpage.

[6] See EOIR’s Recognition & Accreditation (R&A) Program webpage for lists of recognized organizations and accredited representatives.

[7] Acceptance of a completed Form G-28I does not in 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.

[8] For more information, see Chapter 5, Professional Conduct and Reporting Misconduct [ 1 USCIS-PM D.5 ].

[9] See 8 CFR 292.3(a)(1)(i)-(iv) , 8 CFR 1003.101(a)(1)-(4) , and 8 CFR 1292.17 . For more information, see Chapter 5, Professional Conduct and Reporting Misconduct [ 1 USCIS-PM D.5 ].

[10] See 8 CFR 103.2(b)(19)(ii)(A) .

[11] For example, secure documents may include Permanent Resident Cards, Employment Authorization Documents, certain travel documents, and naturalization and citizenship certificates. See Volume 11, Travel and Identity Documents, Part A, Secure Identity Documents Policies and Procedures, Chapter 2, USCIS-Issued Secure Identity Documents [ 11 USCIS-PM A.2 ].

[12] For information on picking up a secure document outside of the United States, see Volume 11, Travel and Identity Documents, Part A, Secure Identity Documents Policies and Procedures, Chapter 2, USCIS-Issued Secure Identity Documents, Section B, Delivery of Secure Identity Documents [ 11 USCIS-PM A.2(B) ].

[13] If a benefit requestor requests USCIS send their secure documents or Arrival/Departure Record (Form I-94) to an attorney or accredited representative with a foreign address, USCIS sends the document to the benefit requestor’s U.S. mailing address.