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NOTE: Always check the website for the most recent version of this form and current filing fees!

On February 28, 2013, the U.S. Department of Homeland Security (DHS) issued a new edition of Form G-28, Entry of Appearance as Attorney or Accredited Representative. Effective May 26, 2013, attorneys must enter their appearance for all immigration-related filings using the new edition of the G-28, which has under-gone numerous changes. First, for the first time in its history, the G-28 now consists of two pages. This is also one of the first DHS forms to contain 2D barcode technology, which collects and stores information while the form is being completed. In addition, the new G-28 is one of the first revised forms to contain two columns on each page, just like the new Form I-90. While some of the changes are very positive, the important data appears on page two, creating inefficiency and the possibility of mixing the form unless one continuously ref-erences page two to see which exact filing this particular G-28 relates to. It is also not easy to complete two columns, as the preparer must go down and up which presents multiple opportunities for missing information in one of the columns and slows down the completion process. In addition, whether inadvertently or on pur-pose, the DHS neglected to include the Department of State (DOS) as one of the recipient agencies for the G-28, even though attorneys submit Forms G-28 to the DOS as part of Blanket L petitions, J-1 waiver applica-tions, FOIA requests, and applications for various waivers of inadmissibility, to name a few common instanc-es1. According to the information provided to AILA attorneys during the tour of the DHS Lockbox facility in Lewisville, Texas on May 8, 2013, the G-28 should be submitted on blue paper. The management of the Lockbox facility also stated that all forms, including the G-28, can be signed in black ink. All forms are scanned into the DHS system and the darker the ink, the better it will look in the scan.

PART 1. INFORMATION ABOUT ATTORNEY OR ACCREDITED REPRESENTATIVE. One must complete all of the contact details. The new edition has more room to provide contact infor-

mation and includes the attorney’s country. For the first time, the G-28 requests state bar numbers for attor-neys (which was previously required only for Forms I-130 and I-864). The new edition has a separate entry for law students and law graduates who have not been admitted to the bar. This change acknowledges the ex-istence of numerous immigration clinics at law schools and provides for a special entry of appearance by law students and recent law school graduates representing foreign nationals in the United States under supervision of attorneys.

PART 2. ELIGIBILITY INFORMATION FOR ATTORNEY OR ACCREDITED REPRESENTATIVE.

In addition to the attorney bar admission data and information on good standing (which is identical to the previous edition), the G-28 now also provides room to fill in details of nonprofit, charitable, religious, social

Articles do not necessarily reflect the views of the American Immigration Lawyers Association. * Ellen Freeman is of counsel with the international law firm K&L Gates LLP in Pittsburgh, and has practiced in the area of immigration law for over 13 years. She formerly served as the president of the AILA Pittsburgh Chapter, as well as on the AILA Board of Governors. Ms. Freeman is the co-chair of AILA Distance Learning (audio and web CLE seminar) Committee. Martindale-Hubbell has given her an ‘AV’ peer review rating. A frequent speaker at national conferences, she earned both her J.D. (Order of Barristers) and Master’s degree in international affairs from the University of Pittsburgh. She also holds a Mas-ter’s degree in Russian. 1 The DOS does not have its own Notice of Entry of Appearance of Attorney or Accredited Representative form and one can-not help but wonder whether this omission to list DOS was part of the effort to bar attorney representation at the U.S. Consu-lates and Embassies.

COMPLETING FORM G-28, ENTRY OF APPEARANCE AS ATTORNEY OR ACCREDITED REPRESENTATIVE

by Ellen Freeman*

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service or similar organizations whose employees represent foreign nationals in immigration proceedings in the capacity of accredited representatives. In addition, the new edition has a separate entry for paralegals or administrative personnel who enter a separate entry of appearance which must be filed together with or sub-sequent to their supervising attorney’s entry of appearance. Some attorneys prefer that their paralegals receive receipt and approval notices from U.S. Citizenship and Immigration Services (USCIS). It may be utilized more often with the proliferation of ELIS electronic filing and to prevent an attorney’s mailbox from being flooded with USCIS receipt and acknowledgement notices. The previous edition lacked such an entry and the change may have been made in response to stakeholder comments. Finally, and only upon permission of a DHS employee, law students or law graduates working under direct supervision of attorneys and/or accredit-ed representatives can also enter their separate appearance with the DHS by submitting G-28.

PART 3. NOTICE OF APPEARANCE AS ATTORNEY OR ACCREDITED REPRESENTATIVE. Moving onto page two, the form asks for the type of filing and the relevant agency. As noted above, DOS

is omitted from the list of choices and one can only select from USCIS, ICE (U.S. Immigration and Customs Enforcement), and CBP (U.S. Customs and Border Protection). If DOS is the appropriate agency, then pre-sumably one should check off USCIS and then annotate it by hand.

The preparer must next select the type and the name of the clients, such as Applicant, Petitioner or, in a case of CBP or ICE matter, a Respondent. As with the previous edition, the G-28 omits entry on behalf of a Benefi-ciary.

The preparer must next provide the name and address of the client, including an organization. One must pay particular attention that the data populates accurately.

As a welcome change, the G-28 now has specific space to provide a Receipt Number or A-number. When entering appearance on behalf of a new client who may have been previously represented by different coun-sel, or when making an inquiry on a pending matter, it should be much easier now to connect the G-28 to a specific case in question. The corporate or individual client must then sign and date the G-28.

PART 4. SIGNATURE OF ATTORNEY OR ACCREDITED REPRESENTATIVE. The attorney or accredited representative must sign the form. There is a separate box for law student or

law school graduate signatures. It must be pointed out that there is no separate box for a paralegal’s signature and it is unclear what the procedure is for them.

PART 5. ADDITIONAL INFORMATION. The G-28 has a lot of room now to provide additional information regarding the request. One hopes that

the additional details will enable USCIS to connect the form to a pending case in a more efficient manner.

COMPLETING FORM G-28, ENTRY OF APPEARANCE AS ATTORNEY OR ACCREDITED REPRESENTATIVE 3

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Completing Form G-28

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Copyright © 2013, American Immigration Lawyers Association (AILA)