Proposed Changes to Form G-28

On May 19, 2014, the U.S. Department of Homeland Security (DHS) published a notice to seek comments, for a period of 60 days, on proposed changes to the notice of entry of appearance as attorney or accredited representative (G-28 form). A G-28 must be properly completed and enclosed with each filing made to the U.S. Citizenship and Immigration Services (USCIS), as well as various other government entities, such as the U.S. Immigration and Customs Enforcement (ICE) and the U.S. Customs and Border Protection (CBP), whenever an attorney or accredited representative is involved. This proposal would add some additional features to the form.

Background on DHS Proposal

The DHS published an information collection notice soliciting comments regarding proposed changes to the G-28. The notice also incorporates the less commonly used form G-28I, which serves the same purpose as the G-28, but is used for “matters outside the geographical confines of the United States.” The comment period will end on July 18, 2014 during which time interested members of the public, federal agencies, and other organizations are permitted to provide written comments regarding the proposed changes to the form.

Revised G-28 Includes Added Notification Options for Applicant / Petitioner

The government is obligated to abide by specific rules when communicating with a person who is represented by an attorney or accredited representative. The new proposed G-28 is meant to incorporate features that would provide the government entity with additional instructions on how to deal with the corresponding case. Most notably, the proposed changes include specific notification options regarding where the applicant or petitioner would like the government to send certain types of documents related to a particular case.

Instructions on Where to Send Different Types of Notices / Documents

Presently, if a G-28 is submitted with an application or petition, most original notices related to the filing are sent to the attorney or representative. Pursuant to the revised form, the USCIS would send all original notices and documents to the applicant or petitioner directly, while the attorney or representative would receive a courtesy copy. But, the form would also give the party the option to instruct the government to (a) send any notice regarding an application or petition to the attorney or representative listed on the form, and/or; (b) do so for any secure identity document, such as a permanent resident card (“green card”) or employment authorization document (EAD).


While most foreign nationals and employers tend to pay little attention to the G-28 form, it is still useful to understand the options that would be included on the form for petitioners and applicants. MurthyDotCom will post updates on these changes if and when they are implemented.


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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.