Wednesday, March 11, 2015

New Form G-28 Notice of Attorney Representation

A new version of the Form G-28 notice for attorney representation has been published by the United States Citizenship and Immigration Services on their website on March 6, 2015. 

Introduction to Form G-28.  The Form G-28 is used by attorneys and their clients to show that the clients wish to have an attorney represent them in front of the USCIS.  The notice puts the attorneys’ address on file with the USCIS for a particular case.  The USCIS then sends originals of notices to the client and copies to the attorney.  These notices include: fingerprinting appointments, notices that filings have been received and approval notices.  They also include requests for further evidence.  Having a Form G-28 on your case file is often useful because one notice can go astray in the mail.  The G-28 gives some insurance that someone relevant to the case will receive the information.  Timely receipt of notices is obviously important.  If a request for evidence is not responded to in time, for example, the case may be deemed abandoned and then denied.

Introduction of New Version of Form G-28.  The new version of the Form G-28 is available free for download from the USCIS website.  Old versions of Form G-28 will not be recognized when received by the USCIS after April 13, 2015.

Need to Re-file?  If you already have a Form G-28 on file with a case, there is no need to refile with the new version, unless you wish to:
  • Change your attorney and give notice of that to the USCIS, or
  • Change your notice mailing instructions to the USCIS.
The USCIS has published addresses and tips for interfiling a new Form G-28 into a pending case.  Attorneys who move office can also find out how to give notice of their change of address in this tips section.

Changes to Form G-28.  The new version of Form G-28 gives more flexibility to instruct the USCIS where to mail notices and secure documents like a green card (legal permanent residence card).  You may for example haves original notices sent to the attorney with copies to the client, etc.

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