Form G-28 Explained: Attorney Filing Guide

Form G-28 is the document attorneys and accredited representatives generally use to notify the Department of Homeland Security that they represent a person or entity in an immigration matter. Filing it correctly allows the government to recognize the representative, communicate with that representative, and disclose protected case information as authorized by the client. An incomplete, outdated, or improperly signed form can interfere with communication and create avoidable complications in an immigration case.

Formally titled Notice of Entry of Appearance as Attorney or Accredited Representative, Form G-28 is commonly submitted with applications, petitions, motions, responses, and other requests filed with U.S. Citizenship and Immigration Services. It may also be used in eligible matters before other Department of Homeland Security components, including U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection. However, it is not the appearance form used for every immigration agency or proceeding.

This guide explains when an attorney needs Form G-28, who is permitted to file it, and how the representative and client should complete it. It also reviews filing procedures, required supporting materials, common mistakes, and practical methods for protecting attorney-client communication. Because government forms and filing policies can change, representatives should always compare this guidance with the current form instructions and agency-specific requirements before submitting a case.

What Is Form G-28?

Form G-28 provides formal notice that an eligible attorney or accredited representative has entered an appearance in a matter before the Department of Homeland Security. It identifies the representative, the client, and the specific matter covered by the representation. Once the agency accepts the form, the representative may receive information and notices to the extent permitted by law, the client's consent, and the selections made on the form.

The form does not create an attorney-client relationship by itself, and it is not a substitute for a written engagement agreement. The professional relationship is generally established under the agreement and applicable rules of professional responsibility, while Form G-28 tells the government who is authorized to act in the identified matter. The scope of the government filing should therefore match the scope of the actual representation.

A properly accepted Form G-28 can allow counsel to receive courtesy copies of notices, communicate with the agency about case-specific issues, and accompany a client to a qualifying interview. It may also authorize the release of information protected under federal privacy rules. The exact benefits depend on the agency, the type of proceeding, the client's consent choices, and whether the representative remains eligible to practice.

Important Note: Form G-28 is generally used for representation before agencies within the Department of Homeland Security. Representation before the Executive Office for Immigration Review normally requires Form EOIR-28 for Immigration Court proceedings or Form EOIR-27 for matters before the Board of Immigration Appeals. Filing the wrong appearance form may leave the attorney unrecognized in the relevant proceeding.

Form G-28 Compared With Form G-28I

Form G-28I is a separate notice of appearance designed for certain matters outside the geographical confines of the United States. Attorneys should not assume that the domestic Form G-28 is appropriate merely because a petition or application involves a consular process or a beneficiary living abroad. The correct form depends on the agency handling the matter, the location of the proceeding, and the agency instructions in effect when the filing is made.

When Do Attorneys Need Form G-28?

An attorney usually needs Form G-28 when entering an appearance for a client in a matter before USCIS or another participating Department of Homeland Security component. The form is commonly included with a new benefit request prepared by counsel, such as a family petition, employment petition, adjustment application, naturalization application, humanitarian filing, or related waiver. It may also be submitted after a case is already pending if the client hires counsel later.

Representation can begin at different stages of an immigration matter. A lawyer may enter a case to prepare the initial filing, respond to a request for evidence, address a notice of intent to deny, attend an interview, submit a motion, or handle another agency communication. A separate or updated appearance may be necessary when the scope changes, a new matter begins, or the agency cannot connect an older notice of appearance to the relevant receipt number.

Common Situations Requiring an Appearance

• Submitting a new immigration filing: Counsel generally includes the form at the front of the filing package so the agency can record representation when the case is receipted.

• Joining a pending case: A newly retained lawyer may submit Form G-28 with the receipt number and identifying information for the pending application or petition.

• Responding to an agency notice: An attorney entering only after a request for evidence or similar notice should include the appearance form with the response and follow the notice's submission instructions.

• Replacing prior counsel: New counsel normally files a fresh notice of appearance, while former counsel may need to provide a withdrawal notice or take other steps required by the agency and professional rules.

• Representing an organization: A business immigration lawyer may file the form for a petitioning employer, organization, or other legal entity through an authorized signatory.

Not every consultation requires an appearance. An attorney who provides a private case assessment but does not communicate with the government or undertake representation in the filing may not need to submit Form G-28. Nevertheless, the lawyer should clearly document whether the service is limited-scope advice or formal representation and comply with all relevant ethics rules.

Who Can File Form G-28 and Who Benefits?

Form G-28 is not a general permission slip for any friend, relative, consultant, document preparer, or notario to represent an applicant. It may be filed by an attorney who is eligible to practice and is a member in good standing of the bar of the highest court of a U.S. state, possession, territory, commonwealth, or the District of Columbia. The attorney must provide the licensing information requested by the current version of the form and disclose any applicable restriction or disciplinary issue.

An accredited representative may also file the form when authorized through the Department of Justice Recognition and Accreditation Program. The representative must work through a recognized nonprofit organization and remain within the scope of partial or full accreditation. Accreditation belongs to the qualified individual through the recognized organization; it is not a status that any immigration service provider can claim independently.

People and Organizations That Can Benefit

• Individual applicants and petitioners: A recognized representative can track notices, explain procedural requirements, prepare submissions, and communicate with the agency about an individual immigration case.

• Employers and nonprofit organizations: Entities filing immigration petitions can authorize counsel to manage case correspondence while preserving the employer's role as the petitioner and signatory.

• Families with connected filings: Counsel can coordinate related petitions and applications, although a separate Form G-28 may be needed for each represented person and each relevant filing.

• People facing complex evidence issues: Applicants with prior denials, immigration violations, criminal histories, admissibility questions, or urgent deadlines may benefit from having an authorized professional receive and evaluate agency communications.

The client remains responsible for reviewing the underlying filing and confirming that the information is accurate, even when an attorney prepares it. The representative's appearance does not transfer the client's certification obligations or permit counsel to sign documents that require the applicant's personal signature. Both parties should retain complete copies of everything submitted to the government.

Warning About Unauthorized Practice: A person who is not an eligible attorney or accredited representative generally cannot use Form G-28 to become a client's legal representative. Immigration consultants and document preparers may provide limited clerical services where permitted, but they cannot give legal advice or claim authority that they do not possess. Clients should verify bar membership or accreditation before sharing sensitive records or paying for representation.

How to Fill Out Form G-28 Step by Step

Before completing Form G-28, download the current edition from the official agency website and review the accompanying instructions. USCIS can reject an outdated edition, a form with missing pages, or a submission that does not satisfy current signature rules. Attorneys should avoid relying on an old office template without confirming its edition date and content.

Step 1: Enter the Representative's Information

The representative should provide the requested legal name, firm or recognized organization name, mailing address, telephone numbers, email address, and online account information when applicable. This information should be consistent with the representative's professional records and other documents in the filing. If a law firm receives mail at a centralized address, the attorney should confirm that correspondence will be routed promptly to the person responsible for the case.

Step 2: Establish Eligibility to Appear

An attorney should identify the licensing jurisdiction and bar number, if the jurisdiction issues one, and answer all eligibility questions accurately. An accredited representative should provide the recognized organization's information and details supporting current accreditation. Representatives must not conceal a suspension, restriction, or disciplinary circumstance that the form requires them to disclose.

Step 3: Identify the Client

The client section should contain the full legal name of the represented individual or entity and all requested identification numbers. Depending on the case, these may include an Alien Registration Number, USCIS online account number, receipt number, or other agency identifier. Names, dates, and numbers should be compared carefully with passports, prior immigration documents, receipt notices, and the underlying benefit request.

Step 4: Define the Immigration Matter

The attorney should identify the form number, application, petition, request, or specific agency matter covered by the appearance. Broad or vague descriptions can make it difficult for the agency to associate Form G-28 with the correct record. When a filing package contains multiple benefit requests or multiple family members, counsel should determine whether separate notices of appearance are required for each matter or client.

Step 5: Complete the Client Consent Choices

The client should review the provisions governing disclosure of information, delivery of notices, and delivery of secure identity documents or other original documents. These choices can affect whether certain items go to the client, the attorney, or another authorized location. Counsel should explain the practical consequences rather than selecting options without the client's informed approval.

Receiving courtesy copies does not necessarily mean the attorney will receive every document or that counsel becomes the client's exclusive mailing address. Agency practices differ by document type, and some notices or secure documents may still go directly to the client. Both the representative and client should monitor their mail and online accounts throughout the case.

Step 6: Obtain Valid Signatures

The representative and client must sign where required under the signature policy applicable to the filing method. For an entity client, an authorized individual signs on behalf of the petitioner or applicant in the appropriate capacity. Typed names, signature stamps, photocopied signatures, electronic signatures, and reproduced originals must be used only when the agency's current rules expressly permit them.

Step 7: Review and Submit the Form

Conduct a final comparison between Form G-28 and the underlying filing before submission. Confirm that names, identification numbers, form numbers, addresses, consent selections, and signatures are complete and consistent. The form should be placed where the agency directs, which is commonly near the front of a paper filing package or uploaded through the designated online process.

Required Documents and Filing Procedures

There is generally no separate government filing fee for Form G-28, but it must be connected to a recognizable immigration matter. When it accompanies a new filing, the representative should follow the checklist and mailing instructions for the underlying application or petition. When it relates to a pending case, the submission should clearly identify the receipt number, client, form type, and office handling the matter.

Document or Item Description Usually Required Current Form G-28 The complete, current agency edition containing all required pages and valid signatures. Yes Underlying Benefit Request The application, petition, motion, or other request when counsel enters an appearance with a new filing. For new cases Receipt Notice Copy A copy showing the receipt number and case information when entering an appearance in a pending matter. For pending cases Agency Notice A request for evidence, interview notice, intent-to-deny notice, or other correspondence linked to the submission. When applicable Accreditation Evidence Information establishing the representative's current accreditation and connection to a recognized organization. For accredited representatives Cover Letter A concise letter identifying the case, enclosed documents, filing purpose, and requested agency action. Recommended Proof of Delivery Courier tracking, certified mail records, or an electronic submission confirmation retained in the case file. Recommended

Paper filings should be mailed to the address designated for the underlying benefit request or agency action, not automatically to a general USCIS address. Filing locations can depend on the form category, delivery service, requested classification, and client's residence. Representatives should confirm the address immediately before mailing because lockbox and service center instructions change periodically.

For an eligible online case, the attorney and client may need separate USCIS online accounts and a process for linking the representative to the draft or pending filing. Online submission does not eliminate the need to review consent and certification language carefully. Counsel should download the final submission, payment confirmation, and electronic receipt for the permanent file.

Common Form G-28 Mistakes and How to Avoid Them

One frequent mistake is submitting an expired or unacceptable edition. Agencies sometimes provide a grace period after publishing a revision, but representatives should never assume an older version remains valid. Checking the official form page before each submission is safer than reusing a previously saved PDF.

Missing signatures are another common problem, especially when a filing involves several applicants, derivatives, petitioners, or authorized corporate signatories. A single Form G-28 does not always cover every person named in a package. Counsel should create a client-by-client and form-by-form checklist before collecting signatures.

Errors That Can Disrupt Representation

1. Using a nickname, abbreviated company name, or identifier that does not match the underlying immigration filing.

2. Failing to identify the exact application, petition, receipt number, or agency matter covered by the appearance.

3. Selecting document-delivery options without explaining them to the client or confirming a secure delivery plan.

4. Assuming that filing with USCIS automatically enters the attorney's appearance before Immigration Court, the Board of Immigration Appeals, or the Department of State.

5. Sending Form G-28 separately without enough information for the agency to match it to the pending case.

6. Neglecting to update representation after the client changes counsel, the lawyer leaves the firm, or the agreed scope ends.

Attorneys should also avoid treating a courtesy copy as a guaranteed safeguard against missed deadlines. A notice may be delayed, misrouted, available only through an online account, or sent only to one party. A reliable case-management system should record expected milestones, verify addresses, preserve delivery evidence, and require prompt client reporting of every government communication.

Changing or Withdrawing Counsel

When a client retains a new attorney, the incoming attorney should submit a new Form G-28 that clearly identifies the pending matter. Prior counsel should evaluate applicable withdrawal procedures, contractual obligations, agency requirements, and professional responsibility rules. The client should receive a complete file and understand who will monitor deadlines during the transition.

An attorney cannot assume that representation has ended merely because a particular task is complete or a client stops responding. Formal withdrawal may require written notice to the agency and reasonable steps to protect the client's interests. Clear engagement and disengagement letters help define scope, but they do not replace any government procedure required to update the official case record.

Frequently Asked Questions

Is Form G-28 required for every immigration application?

No, Form G-28 is not required when a person files without an attorney or accredited representative. It is generally used when an eligible representative wants the Department of Homeland Security to recognize the representation in a specific matter. Other agencies, including Immigration Court and the Department of State, may use different appearance procedures or forms.

Can Form G-28 be filed after a USCIS case is pending?

Yes, an eligible attorney or accredited representative may generally enter an appearance after USCIS has accepted a case. The filing should include accurate receipt information and follow the submission method specified by USCIS for the pending case. If a response deadline or interview is approaching, counsel should not assume the agency will process the appearance immediately and should take all appropriate protective steps.

Does each family member need a separate Form G-28?

A separate form is commonly needed for each represented person who has an individual application or petition, even when family filings are mailed together. The correct approach depends on who is the petitioner, applicant, beneficiary, or derivative in each matter. Counsel should follow the instructions for every underlying form rather than assuming one appearance covers the entire family.

How much does it cost to file Form G-28?

The government generally does not charge a separate filing fee for Form G-28. Attorney fees are private professional fees governed by the engagement agreement and are separate from government filing fees for the underlying immigration request. Clients should receive a clear explanation of legal fees, filing fees, and other expected costs before representation begins.

Does Form G-28 allow an attorney to receive a green card?

The client may authorize delivery of certain secure identity documents to the attorney if the current form and agency procedure provide that option. However, selecting that option does not guarantee that every document will be delivered to counsel, and agency policies may limit or change the available method. The attorney should maintain secure intake, identity verification, storage, and delivery procedures for any original document received on a client's behalf.

Conclusion

Form G-28 is a foundational document for attorneys and accredited representatives handling matters before the Department of Homeland Security. Correct completion helps the agency identify the representative, understand the scope of the appearance, honor the client's disclosure choices, and direct case communications appropriately. Careful review of the current edition, signatures, identifiers, filing location, and agency-specific instructions can prevent many avoidable problems.

Representatives should treat the form as part of a broader case-management process rather than a routine cover sheet. Clients and counsel should retain copies, monitor all communication channels, update the agency when representation changes, and verify that the appearance has been associated with the correct case. For complex facts, urgent deadlines, or uncertainty about the proper agency procedure, obtaining case-specific legal advice is the safest next step.

Visit our blog for more immigration law resources and practical filing guides. If you need assistance organizing immigration forms or understanding the document-preparation process, contact us for personalized guidance. Always verify the latest government instructions before filing because form editions, addresses, and agency policies can change.