At the end of most USCIS applications, there is a section that should be completed by an attorney if such an individual was present, and helped the principal applicant in completing their casework. When an attorney (who is referred to as the preparer in USCIS documentation) signs their name on a related form, it is important for that attorney to also prepare what is called a G-28 Form. The G-28 is a relatively straightforward form that the applicant and attorney should complete with their respective signatures, and of which the applicant should attach to their package when they send in their full application to the USCIS.
What are the benefits of hiring an attorney?
While choosing the route of an attorney can add new costs to your application process, the benefits of hiring an attorney are many. For one, having an attorney complete the G-28 form means that they will be able to access your immigration documents, and they will be able to correspond with the USCIS directly on behalf of the immigrant they are defending. In other words, you will have a legal expert working on your behalf, and sorting out the technical details of your case.
The other benefit of having an attorney fill out a G-28 is that you are less likely to receive an RFE—Request for Evidence, and thus save a lot of time in the application process. RFEs are usually issued to applicants who miss critical information on their applications. It doesn’t necessarily mean the applicant is ineligible for the immigration benefit they are applying for, but it does mean that they need to submit more documentation to prove their legitimacy, which could mean months of extra wait time.
Having an attorney fill out a G-28 ensures that your case, once submitted, will have all of the required information so that the USCIS can adjudicate your case without costly time lags.
The G-28 itself is free to file. However, your attorney might charge you fees depending on the normal rates they usually go by for immigration-related cases. In addition, our service, Visa2us.com has immigration attorneys at highly affordable rates.
Here are some other considerations when filing a G-28 with your immigration paperwork:
- Each application that is being filed with the USCIS and also was assisted by an accredited attorney needs to have a separate G-28 filed. For example, if you have an I-130 petition filed with the USCIS, and then, later on, have an I-485 filed with the help of the same attorney, you will need to file separate G-28s.
- If your attorney withdraws their services from a particular case while it is still pending, he/she must submit a written request to the USCIS.
- There is a similar form called the E-28 that applicants should not be confused by. The E-28 is a form that is intended only for appearing before immigration court.
- It is possible for a G-28 form to be rejected by the USCIS. If this happens, it will not affect the adjudication of the original application. You can simply re-file the G-28 form until it is accepted.
Tips for Filing
When you are filing a G-28, you’ll need to locate the form on the USCIS website, available here: https://www.uscis.gov/sites/default/files/document/forms/g-28.pdf
The application generally asks both the client and the accredited attorney for their personal contact information: U.S. mailing addresses, phone numbers, email, etc. In addition, the form requests specific information which the attorney will provide, such as their Bar Number (if applicable), as well as the law firm they are representing.
Applicants should generally know that in this application, once completed they are consenting to their attorney to access any and all immigration documents they might request not just from the USCIS, but also from CBP or ICE.
At the end of the form, in Part 4, there are options for the applicant to decide if they would like their identity documents (EAD, Travel Document, PR Card) sent to their attorney’s address or to them personally.