As of the day of this writing, USCIS is issuing a new G28 (Notice of Attorney Appearance) form. This document is used to signal the presence of an attorney in a case pending before the DHS (Department of Homeland Security).
American Citizens date, court, and often marry people from countries other than the USA. As a result, a large number of Immigration applications are submitted to the DHS (Department of Homeland Security). 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 G28 form is used to inform the government that a qualified representative has entered their appearance in a case.
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. If the situation involves an issue with the CBP (Customs and Border Protection), then the lawyer will tick the box on the G-28 denoting said agency. If the situation involves a client who has been detained by ICE (Immigration and Customs Enforcement), then the for requires that this information be disclosed.
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. Also, if the US Embassy sends correspondence to the non-citizen beneficiary, then the American attorney will generally be provided with a copy of the relevant 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. Any United States Immigration practitioner who is unable to produce some sort of license (state bar license, state Supreme Court license, Federal Court license, etc.) ought to be looked upon warily.
For more information on this and other Immigration matters, please see k1 visa. Please see k1 visa process for more on getting a visa to the USA.
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