What Form G-28 Actually Does in Your Immigration Case
Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, is the document that formally authorizes your immigration attorney to represent you before U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and U.S. Customs and Border Protection (CBP). When you sign it, USCIS sends all official notices — receipt confirmations, Requests for Evidence, interview appointments, approval notices, and decisions — directly to your attorney instead of only to you. The difference matters: an RFE with a 30-day response window sent to an outdated address can result in a denial before you know the request arrived.
The form establishes a legal relationship under 8 CFR § 292.4. It tells the agency that your attorney is authorized to receive confidential information about your case, submit evidence on your behalf, and communicate directly with adjudicators. Without G-28 on file, USCIS will not discuss your case with your lawyer, even if you've hired one. The attorney is locked out of case updates, unable to check processing status through official channels, and dependent on you to forward every notice — a setup that introduces delay and error into time-sensitive processes.
Here's the Honest Answer: G-28 Is How Your Attorney Sees What USCIS Is Doing
Your attorney cannot represent you effectively if they don't know what the agency has sent or requested. USCIS does not call attorneys to notify them of RFEs or interview changes. The system runs on written notices mailed to the address on file. If G-28 is attached to your petition, your attorney receives a copy of every notice at the same time you do — often faster, because law firms monitor delivery more closely than individuals juggling work and daily obligations. When an RFE arrives, your attorney already has it and can begin drafting the response immediately. When your case transfers to a new service center or your priority date becomes current, your attorney knows without waiting for you to check your mailbox and forward the letter.
Let's be direct: immigration cases move on agency timelines, not yours. Deadlines are firm, and ignorance of a notice is not grounds for an extension. G-28 is the tool that keeps your attorney in the information loop that drives your case forward.
When You Must File Form G-28
You file G-28 whenever you want an attorney to represent you in an immigration matter before a federal immigration agency. The form accompanies the substantive petition or application — it does not stand alone. Common filings that include G-28:
- Form I-130 (Petition for Alien Relative) — your attorney receives notice of receipt, any RFE, and the approval or denial
- Form I-485 (Application to Register Permanent Residence or Adjust Status) — your attorney is copied on interview notices, medical exam deficiency letters, and the final decision
- Form I-140 (Immigrant Petition for Alien Workers) — employment-based cases where premium processing may be used and RFE responses are technical
- Form I-129 (Petition for a Nonimmigrant Worker) — H-1B, L-1, O-1, and other work visas where timing and compliance documentation are critical
- Form I-751 (Petition to Remove Conditions on Residence) — joint filing or waiver cases that frequently trigger RFEs on evidence of the marital relationship
- Form N-400 (Application for Naturalization) — naturalization interviews where the attorney may attend with you
- Removal proceedings — G-28 is filed with the Immigration Court and with ICE to formalize representation during deportation defense
You may also file G-28 after a case is already pending if you hire an attorney mid-process. The attorney submits the form to the office handling your case, and USCIS updates its records to begin copying the attorney on future correspondence.
Who Can Sign Form G-28 (and Who Cannot)
Only licensed attorneys in good standing or accredited representatives recognized by the Board of Immigration Appeals may file G-28. The form requires the attorney's bar number, state of admission, and signature. USCIS verifies eligibility before accepting the form.
Attorneys must be admitted to practice law in any U.S. state, territory, or the District of Columbia. Immigration law is federal, so an attorney licensed in California can represent clients nationwide before USCIS, even if the client lives in New York and the case is processed in Texas.
Accredited representatives are non-attorneys authorized by the Department of Justice to represent immigrants before USCIS and Immigration Court. They work for recognized nonprofit organizations and must complete specific training and pass an accreditation process. The list of accredited representatives is maintained by the Executive Office for Immigration Review.
Notaries public, immigration consultants, and paralegals cannot sign G-28. They are not authorized to represent you before USCIS, and a G-28 signed by someone without proper credentials will be rejected. Using an unauthorized practitioner can result in case denial, delays, and in some cases immigration fraud findings that carry permanent consequences.
What Form G-28 Looks Like and What You Sign
G-28 is a two-page form. Part 1 identifies you (the applicant or petitioner) by name, date of birth, country of birth, and A-number if you have one. Part 2 identifies the attorney or accredited representative — name, firm, address, phone, email, bar number, and state of admission. Part 3 lists the type of case (the form number of the petition or application) and, if applicable, the receipt number of a pending case.
You sign Part 4, which states that you are authorizing the named attorney to represent you in the matter described. Your signature gives the attorney permission to act on your behalf and to receive confidential information from USCIS. The attorney signs Part 5, certifying that they are eligible to practice and that the representation is authorized.
The form also asks whether the attorney is providing representation pro bono (free) or for a fee. This is informational; USCIS does not regulate attorney fees through G-28.
G-28 vs. a Retainer Agreement: What Each Document Does
| Aspect | Form G-28 | Retainer Agreement |
|---|---|---|
| Purpose | Authorizes attorney to represent you before USCIS/ICE/CBP | Defines scope of work, fees, and attorney-client obligations |
| Filed with USCIS | Yes — must accompany the petition or application | No — it is a private contract between you and your attorney |
| What it controls | Who receives official notices and can communicate with the agency | What the attorney will do, what you will pay, and when representation ends |
| Required by law | Required for the attorney to access your case and receive notices | Not required by USCIS, but standard legal practice |
| When you sign it | At the time of filing or when hiring an attorney mid-case | Before the attorney begins work, usually at the initial consultation or shortly after |
| Bottom line | Without it, your attorney is invisible to USCIS | Without it, you and your attorney have no written agreement on what representation means |
Both documents are necessary. The retainer agreement is the contract that governs your relationship with your attorney. G-28 is the form that makes that relationship visible to the government agency handling your case.
What Happens After USCIS Receives Form G-28
USCIS enters your attorney's information into its system and begins mailing copies of all notices to the attorney's address listed on the form. If the case requires an interview, USCIS includes a notice that your attorney may attend with you. If USCIS issues an RFE, your attorney receives a copy of the request and can prepare the response without waiting for you to forward it. If your case is approved, denied, or requires additional action, your attorney is notified directly.
You still receive your own copy of every notice at the address you listed on the underlying petition or application. G-28 does not replace your receipt of notices; it adds your attorney as a recipient. You and your attorney both have the information, which reduces the risk that a critical notice is missed.
If your attorney changes firms or you switch attorneys, a new G-28 must be filed. The previous attorney files Form G-28 with the box checked indicating withdrawal, or the new attorney files a new G-28 that supersedes the old one. USCIS updates its records and begins sending notices to the new address.
What If You File Without Form G-28 and Hire an Attorney Later?
You can file G-28 at any point after a case is pending. If you initially filed without an attorney and later hire one, your attorney prepares G-28 and submits it to the office handling your case — the service center, field office, or asylum office listed on your receipt notice. USCIS updates its records, and from that point forward your attorney is copied on all correspondence.
The attorney cannot retroactively receive notices that were already mailed before G-28 was filed. If an RFE was issued before you hired representation, you must provide your attorney with a copy. This is why many attorneys recommend filing G-28 at the outset: it ensures continuity of information from the beginning of the case.
What If USCIS Rejects Your G-28?
USCIS may reject G-28 if the attorney is not properly licensed, if the form is incomplete, or if the signature is missing. The agency will notify you and your attorney of the deficiency. Your attorney corrects the error and resubmits the form. Until G-28 is accepted, USCIS will not send notices to your attorney.
A common rejection reason is an incorrect bar number or a mismatch between the attorney's name and the name registered with the state bar. Attorneys must ensure that the information on G-28 matches their current bar records.
What If You Want to Represent Yourself Without an Attorney?
You are not required to hire an attorney for any immigration application. If you choose to represent yourself, you do not file G-28. USCIS will send all notices to you at the address you list on your petition or application. You are responsible for monitoring your mailbox, meeting deadlines, and preparing responses to RFEs. Self-representation is permitted, but immigration cases involve complex legal standards, and procedural errors can result in denials that are difficult to reverse.
If you begin self-represented and later decide to hire an attorney, your attorney can file G-28 at that time to formalize representation going forward.
How the Law Offices of Peter D. Chu Handles Form G-28 for Clients
When you retain the Law Offices of Peter D. Chu for an immigration matter, the firm prepares and files Form G-28 with your petition or application as a standard part of representation. The firm's address — 4615 Convoy St, San Diego, CA 92111 — becomes the address on file for all USCIS correspondence related to your case. The firm monitors incoming notices, tracks deadlines, and notifies you immediately when action is required. If an RFE is issued, the firm receives it, analyzes the request, and begins preparing the response without delay. If your case requires an interview, the firm receives the notice and coordinates scheduling and preparation with you.
This system is how the firm ensures that nothing falls through the cracks during the months or years your case may be pending. Immigration cases do not move quickly, and the risk of a missed notice increases the longer a case is open. G-28 is the mechanism that keeps your legal team in the loop.
For cases already pending, the firm can file G-28 to enter representation mid-process. This is common when applicants initially file on their own and encounter an RFE or interview that requires legal assistance. The firm submits G-28 to the office handling the case, and USCIS updates its records to include the firm on future correspondence.
The consultation fee to discuss your case and determine whether representation is appropriate is $250. During that consultation, the firm reviews your situation, explains the process for your visa category or application, and provides a clear recommendation on next steps. You can schedule a consultation by calling 858-268-8823 or visiting the firm's office in San Diego. Office hours are Monday through Friday, 8:30 AM to 5:30 PM. The firm serves clients in English, Mandarin, Cantonese, Vietnamese, and French.
Disclaimer: This article provides general information about Form G-28 and its role in immigration representation. It is not legal advice and does not create an attorney-client relationship. Immigration outcomes depend on the specific facts of your case, the applicable law, and the evidence you submit. For advice tailored to your situation, consult a licensed immigration attorney. The Law Offices of Peter D. Chu is available to discuss your case during a consultation.
Schedule a consultation with the Law Offices of Peter D. Chu — 4615 Convoy St, San Diego, CA 92111 · 858-268-8823 · Mon–Fri, 8:30 AM–5:30 PM. Consultation fee: $250.
Frequently Asked Questions
Do I have to file Form G-28 if I hire an immigration attorney? â–Ľ
G-28 is not legally required, but it is necessary for your attorney to receive official notices from USCIS and represent you effectively. Without it, USCIS will not send your attorney copies of RFEs, interview notices, or decisions, and your attorney cannot communicate with the agency on your behalf.
Can I file Form G-28 after my case is already pending? â–Ľ
Yes. If you hire an attorney after filing your petition or application, your attorney can submit G-28 to the office handling your case. USCIS will update its records and begin copying your attorney on future correspondence. The attorney cannot receive notices that were already mailed before G-28 was filed.
Does Form G-28 cost money to file? â–Ľ
There is no USCIS filing fee for Form G-28. The form is submitted along with your petition or application, and it does not add to the government fees you pay. However, your attorney's fees for representation are separate and governed by your retainer agreement.
What happens if I change attorneys during my case? â–Ľ
Your new attorney will file a new Form G-28 with USCIS, which supersedes the previous one. The old attorney may also file a G-28 indicating withdrawal. USCIS updates its records and begins sending notices to the new attorney's address. You should notify USCIS promptly to avoid notices being sent to the wrong attorney.
Can a notary public or immigration consultant sign Form G-28? â–Ľ
No. Only licensed attorneys in good standing or accredited representatives recognized by the Board of Immigration Appeals can sign G-28. Notaries and consultants are not authorized to represent you before USCIS, and a G-28 signed by an unauthorized person will be rejected.
Will I still receive notices from USCIS if my attorney files G-28? â–Ľ
Yes. USCIS sends notices to both you and your attorney when G-28 is on file. You receive your copy at the address you listed on your petition or application, and your attorney receives a copy at the address listed on G-28. This dual notification reduces the risk of a missed notice.
Does Form G-28 allow my attorney to attend my USCIS interview with me? â–Ľ
Yes. When G-28 is filed, USCIS notifies you that your attorney may accompany you to interviews and hearings. Your attorney can attend adjustment of status interviews, naturalization interviews, asylum interviews, and other in-person proceedings. The attorney's presence does not guarantee approval, but it ensures you have legal guidance during questioning.
What if USCIS rejects my attorney's Form G-28? â–Ľ
USCIS will notify you and your attorney of the reason for rejection, usually an incomplete form, incorrect bar number, or licensing issue. Your attorney corrects the deficiency and resubmits the form. Until G-28 is accepted, USCIS will not send notices to your attorney, so prompt correction is important.