Key points
- Once you hire a lawyer for a USCIS matter, the lawyer files Form G-28, a notice of appearance, with your application, petition or appeal, and you sign it to authorize the representation.[1][2]
- When you are represented, USCIS sends original notices both to you and to your attorney or accredited representative.[3]
- In immigration court, the lawyer files Form EOIR-28 and becomes the practitioner of record, who appears for you, files documents and receives service.[4]
- Under New York's ethics rules, a lawyer has to keep the client reasonably informed and promptly answer reasonable requests for information.[5]
- Some things stay your job: reporting a new address to USCIS within 10 days, and attending every biometrics appointment and interview.[6][7]
When you hire a lawyer for an immigration case, three things change. The lawyer files a notice of appearance that tells the government who represents you; USCIS starts sending its notices to your lawyer as well as to you; and the lawyer can deal with USCIS about your case.[1][3] What does not change is your own part: keeping your address current, attending appointments, and telling your lawyer about anything new in your life that could touch the case.
Form G-28: the notice of appearance
Form G-28, the Notice of Entry of Appearance as Attorney or Accredited Representative, is how an attorney or accredited representative establishes eligibility to represent a client in a matter before USCIS.[8] USCIS says that after you find a representative, the representative files it with the related application, petition or appeal.[1]
You sign it too. The form has to be completed and signed by the petitioner, applicant or respondent to authorize the representation, and DHS recognizes it until the matter it was filed for ends.[2] Ask for a copy of the signed G-28 for your records; it is the simplest proof of who represents you and in which case.
Immigration court and the Board of Immigration Appeals
The immigration courts use their own form. A lawyer enters an appearance in immigration court on Form EOIR-28 and becomes the practitioner of record, who is authorized and required to appear for you, file documents for you and accept service of the documents filed in the case.[4] Before the Board of Immigration Appeals, the appearance form is Form EOIR-27 or Form EOIR-60.[9] A G-28 filed with USCIS does not take the place of these forms, so if your case moves to court, ask whether a court appearance form has been filed.[4]
Who receives the mail
When you have a representative, USCIS sends original notices both to you and to your attorney or accredited representative. For some paper filings, you can ask USCIS to send originals only to the representative, with a courtesy copy to you.[3]
Either way, two habits help:
- Send your lawyer a photo or scan of every notice you receive, on the day you receive it, even if you think the lawyer got the same one.
- Keep the originals, with the envelopes, in one folder. USCIS advises keeping copies of notices and forms prepared for you in a safe place.[10]
What your lawyer does for you
USCIS describes what a representative can do: advise you on which forms to file and when, advise you on documents and evidence, explain your options, help fill out forms, receive certain correspondence for you, go with you to interviews and other appointments, and communicate with USCIS about your case.[1]
At Joya Law Firm, Attorney Kamran Joya is the firm's founding attorney, and paralegals Danielle Comerford and Fernanda Fonseca are part of the team. Attorney Joya is licensed in New York; in California, the firm practices federal immigration law only.
How you get updates
New York's Rules of Professional Conduct set a baseline for every lawyer admitted there. A lawyer must promptly inform the client of material developments, keep the client reasonably informed about the status of the matter, and promptly comply with the client's reasonable requests for information.[5] A New York lawyer is subject to New York's disciplinary authority wherever the conduct occurs.[11]
New York's court rules also call for a written letter of engagement that explains the scope of the legal services, the fees, expenses and billing practices, with some exceptions.[12][13][14] Read it before you sign, and use the first conversation after you hire to settle the practical side:
- Who is your day-to-day contact, and who do you ask when that person is out?
- Which channel should you use: phone, email or a client portal, if there is one?
- How will you know when something has been filed, and will you receive copies?
- What should you do if a notice arrives with a date that is close?
Write the answers down and keep them with your engagement letter.
What stays your job
- Keep your address current. USCIS says most noncitizens in the United States must report a change of address within 10 days of moving.[6] If you are in immigration court, you must also notify the court on Form EOIR-33 within five days of the change.[15] Tell your lawyer the same day.
- Go to every appointment. If USCIS requires you to appear for biometrics, an interview or another in-person step and you do not, the request is treated as abandoned and denied unless, by the appointment time, USCIS has received a change of address or rescheduling request that it decides excuses the absence.[7]
- Help meet response dates. If USCIS sends a Request for Evidence or a Notice of Intent to Deny and no response arrives by the date it sets, USCIS may deny the case as abandoned, on the record, or both.[16] Your lawyer writes the response, but the documents often have to come from you. Requests for Evidence and Notices of Intent to Deny explains these notices.
- Ask before you travel. Travel during a pending case raises its own questions. Tell your lawyer before you book, and read the advance parole travel guide.
- Report any arrest, ticket or court case, even one that was dismissed, and any change in marriage, job or school.
- Never sign a blank form, and review every form before you sign it.[10]
If you want to change lawyers
You can. A notice of appearance stays in effect until the matter it was filed for ends, so a new representative files a new one.[2] USCIS accepts a later Form G-28 for a pending case, online for certain forms or by mail to the office where the case is pending.[17] In immigration court, the new lawyer files Form EOIR-28.[4] Ask the first lawyer for a complete copy of your file, and give the new lawyer every notice you have received.
Common questions
Will USCIS still send letters to me after I hire a lawyer?
Yes, as a rule. When an applicant or petitioner is represented, USCIS sends original notices both to that person and to the attorney or accredited representative. For some paper filings you may ask that originals go only to the representative, and you then receive a courtesy copy.[3] Forward anything you receive to your lawyer the same day.
Do I have to sign the Form G-28?
Yes. The notice of appearance has to be properly completed and signed by the petitioner, applicant or respondent to authorize the representation before DHS will recognize it. Once filed, it is recognized until the matter it was filed for ends.[2]
My lawyer has my new address. Do I still have to tell USCIS?
Yes. USCIS says most noncitizens in the United States must report a change of address to it within 10 days of moving.[6] If you are in immigration court, you must also file Form EOIR-33 with the court within five days of the change.[15] Tell your lawyer at the same time so the filings match.
What happens if I miss a biometrics appointment or an interview?
It can end the case. If USCIS requires you to appear and you do not, the request is treated as abandoned and denied unless, by the appointment time, USCIS has received a change of address or a rescheduling request that it decides excuses the absence.[7] If you cannot attend, tell your lawyer before the appointment, not after.
Who will I be working with at Joya Law Firm?
Attorney Kamran Joya is the firm's founding attorney, and paralegals Danielle Comerford and Fernanda Fonseca are part of the team. Ask at the start who your day-to-day contact will be and how updates will reach you, and make sure the answer is in your engagement letter or written in an email you keep.
Sources
- USCIS, Legal Services — uscis.gov
- 8 C.F.R. § 292.4(a) — Legal Information Institute, Cornell Law School
- 8 C.F.R. § 103.2(b)(19)(ii)(A) — Legal Information Institute, Cornell Law School
- 8 C.F.R. § 1003.17(a) — Legal Information Institute, Cornell Law School
- N.Y. Rules of Professional Conduct, Rule 1.4(a) (22 NYCRR Part 1200) — Legal Information Institute, Cornell Law School
- USCIS, Form AR-11, Alien's Change of Address Card — uscis.gov
- 8 C.F.R. § 103.2(b)(13)(ii) — Legal Information Institute, Cornell Law School
- USCIS, Form G-28 — uscis.gov
- 8 C.F.R. § 1003.38(g) — Legal Information Institute, Cornell Law School
- USCIS, Common Scams — uscis.gov
- N.Y. Rules of Professional Conduct, Rule 8.5(a) (22 NYCRR Part 1200) — Legal Information Institute, Cornell Law School
- 22 NYCRR § 1215.1(a) — Legal Information Institute, Cornell Law School
- 22 NYCRR § 1215.1(b) — Legal Information Institute, Cornell Law School
- 22 NYCRR § 1215.2 — Legal Information Institute, Cornell Law School
- 8 C.F.R. § 1003.15(d)(2) — Legal Information Institute, Cornell Law School
- 8 C.F.R. § 103.2(b)(13)(i) — Legal Information Institute, Cornell Law School
- USCIS, Form G-28 (Where to File: Subsequent Form G-28) — uscis.gov