At the time of this writing the United States Citizenship and Immigration Service is in the process of promulgating a new G-28 form. This form is used to indicate the presence of a licensed attorney or representative in a case pending before USCIS or another branch of the Department of Homeland Security.
United States Citizens meet, date, and form relationships with those from nations outside the USA. Therefore, a significant number of American Immigration applications are presented to the Department of Homeland Security (DHS). Oftentimes, the beneficiary and petitioner decide to handle the immigration matter by themselves, in that case the G28 will not need to be presented as there is no attorney involved. A G-28 is a method of informing the United States government that an accredited representative is entering an appearance in the case, it is generally presented by a United States attorney.
A major difference between the new version of the G28 and the old version is that the new form requires the attorney to signal the US agency involved in the matter. For example, if the matter involves the Customs and Border Protection Service (CBP), then the attorney will check the box which states that the attorney is representing the client in a matter before CBP. If the attorney is representing a client who has had been apprehended by the agency known as Immigration and Customs Enforcement (ICE), then he or she will be required to indicate that the G28 is submitted in connection with a pending matter before ICE.
When a G28 is submitted in conjunction with a US visa application it is general practice for USCIS to send a copy of all pertinent correspondence to both the petitioner and the petitioner’s attorney. Further, should the US Embassy correspond with the Beneficiary, in some cases, the US attorney will be copied in on the correspondence.
As mentioned in previous articles, submission of a G28 form is one way of making certain that one is dealing with an attorney because only an attorney may be paid to appear before the government in immigration matters. Further, the current G28 form requires the attorney to disclose their state of license and bar number. One should not feel embarrassed to ask for a copy of an attorney’s credentials. A practitioner of US Immigration law who cannot provide credentials (Federal Court number, State Bar license number, State Supreme Court number, etc.) ought to be looked upon warily.
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