5 G-28 Mistakes That Derail Your Case in 2026 (Form G-28)

Why a Rejected G-28 Is More Dangerous in 2026 Than It Used to Be

An attorney or accredited representative must submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, to establish eligibility to represent a client in an immigration matter before USCIS. That sounds simple. The danger comes from what happens when USCIS won't accept it.

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USCIS is explicit in its filing tips: if you do not properly complete your Form G-28, USCIS will not accept it and will process the benefit request as if you did not submit Form G-28. That means every notice — receipt, RFE, interview appointment, denial — goes back to the applicant, not the attorney. An RFE with a 30-day response window sent to an outdated address can result in a denial before you know the request arrived.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 stakes got higher on August 5, 2026. Under updated USCIS guidance, officers now have greater discretion to deny an immigration benefit request without first issuing an RFE or NOID if required initial evidence is missing or the application does not establish eligibility. The regulatory limits are unchanged — up to 12 weeks for an RFE and up to 30 days for a NOID — but an officer can now set a shorter deadline. A G-28 defect that leaves the applicant without recognized representation at the moment an officer reviews the file can mean no second chance.

Mistake 1: Missing or Improper Signature — Now With Denial Risk on Paper Filings

USCIS, CBP, and ICE will only recognize a properly completed Form G-28 that was signed by the attorney or accredited representative and the client. Both signatures are required. A G-28 missing either one is void.

Signature rules tightened in 2026. Under the DHS interim final rule effective July 10, 2026 (amending 8 CFR 103.2(a)(7)), an invalid signature on a paper-filed benefit request can result in a denial — USCIS keeps the filing fee and there is no opportunity to cure. On paper, only a handwritten ink signature — or a scan, photocopy, or fax of one — is valid. For Form G-28, USCIS will consider a photocopied, faxed, or scanned copy of the original handwritten signature valid for filing purposes. What that explicitly excludes: typed names, script or cursive fonts, rubber stamps, and output from e-signature platforms like DocuSign. Electronic signatures are valid only when captured through a USCIS online account during online filing.

A G-28 without both signatures is effectively void. Many filings get rejected simply because one party forgot to sign or used the wrong signature method. If the form is being filed on paper, ensure both signatures are handwritten and dated. Source: Federal Register, FR Doc. 2026-09289, May 11, 2026.

Mistake 2: Wrong Edition Date — Rejection Guaranteed

As of August 2026, the current accepted edition of Form G-28 carries the date 09/17/18. USCIS has announced it will publish a new edition soon; in the meantime, you may continue using the 09/17/18 and 05/23/18 editions despite the expiration date. Any other edition is rejected outright.

If you complete and print the form to mail it, make sure the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form's pages are missing or are from a different form edition, USCIS may reject your form. This catches high-volume filers who mix pages from a previous version — something easy to do if you're reusing saved PDFs. Check the bottom of every page before you print.

The edition date is printed in mm/dd/yy format at the bottom of each page. Every USCIS form includes an edition date printed at the bottom of each page, and that edition date determines whether the form version is still valid. Always pull a fresh copy from uscis.gov/g-28 before filing.

Mistake 3: Incomplete or Inaccurate Attorney/Representative Credentials

Attorneys must provide their bar number and the specific licensing authority in Part 2. This information is sometimes omitted or entered incorrectly, especially by attorneys licensed in multiple states. Incomplete or invalid bar information can lead USCIS to question the attorney's eligibility to practice, resulting in a rejection of the G-28 and delaying representation.

The form's own instructions state that USCIS will reject any Form G-28 submitted without the required information in Part 2, Item Numbers 1.a. – 1.d. For accredited representatives, the threshold is even higher. USCIS does not recognize a Form G-28 when the named individual is not on the EOIR roster of accredited representatives. That roster is maintained by the Executive Office for Immigration Review. If the accreditation lapsed or the representative's organization lost DOJ recognition, the G-28 is a nullity regardless of how perfectly everything else is completed.

Notaries public, immigration consultants, and paralegals cannot sign G-28. They are not authorized to represent applicants 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. Per USCIS Policy Manual Vol. 1, Part D, Chapter 2 (1 USCIS-PM D.2), only attorneys eligible to practice law in the United States and BIA-accredited representatives may file Form G-28 in their own right.

Mistake 4: Checking Multiple Agency Boxes — One Form, One Agency

Part 3 of Form G-28 asks the representative to indicate the DHS agency before which they are appearing: USCIS, ICE, or CBP. The instructions say to select only one. In Part 3, filers must select the agency for the appearance, but the instruction "select only one box" is frequently overlooked. Checking multiple boxes because a case spans different agencies will lead to processing errors or rejection of the form. A separate Form G-28 must be filed for each agency and specific matter.

The same one-form-per-case rule applies within a single agency. A separate notice of entry of appearance must be submitted for each case in which the attorney or accredited representative seeks to appear. If you have a client with a pending I-485, a related I-131, and a separate I-765, and you bundle them all in one package with one G-28, the representation record for each petition is not automatically established — only the primary form on which the G-28 is filed gets covered.

Mistake 5: Filing G-28 When the Correct Form Is G-28I (or EOIR-27/EOIR-28)

Form G-28 is not universal. Two specific scenarios require a different form entirely, and filing the wrong one causes USCIS to disregard the appearance.

Attorneys not licensed to practice law in the United States must use Form G-28I, Notice of Entry of Appearance as Attorney in Matters Outside the Geographical Confines of the United States. Form G-28I is used to provide notice that an attorney admitted to practice law outside the United States seeks to appear before the Department of Homeland Security in a matter outside the geographical confines of the United States. Filing a standard G-28 in that context — or filing a G-28I for a domestic matter — results in an unrecognized appearance.

For matters before the Board of Immigration Appeals (BIA), use Form EOIR-27 instead of Form G-28. The Executive Office for Immigration Review, the immigration court system administered by the Department of Justice, uses a parallel form called EOIR-28. A G-28 submitted to immigration court is not an acceptable entry of appearance there, and vice versa. You must also file a new Form G-28 with the Administrative Appeals Office if you are filing Form I-290B, Notice of Appeal or Motion.

Quick Reference: G-28 Error Types and Their Consequences

What Happens to RFEs and Notices When G-28 Is Rejected

The practical chain reaction is worth spelling out. When USCIS does not recognize a G-28, the attorney is not a party to the file. If Form G-28 is missing, incomplete, unsigned, or contains errors, immigration agencies may reject it or refuse to communicate with the attorney. This can lead to missed deadlines or delays in your case.

The attorney cannot retroactively receive notices that were already mailed before the 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.

The August 5, 2026 USCIS guidance makes this worse. USCIS also clarified response deadlines for RFEs and NOIDs: RFE response periods may be less than 12 weeks, and NOID response periods may be less than 30 days. Additional time to respond is not available. If an RFE lands at the applicant's address and the applicant doesn't know to forward it to their attorney — or doesn't know they have a truncated deadline — the case can be decided on an incomplete record or denied outright.

Per USCIS Policy Manual Vol. 1, Part D, Chapter 4 (1 USCIS-PM D.4), if a benefit requestor is represented by an attorney or accredited representative, the record must contain a valid Form G-28. The purpose of these forms is to establish the eligibility of an attorney or accredited representative to appear for and act on behalf of a benefit requestor, and to maintain a clear record of with whom communication is authorized. There is no workaround if the record doesn't contain a valid G-28 — USCIS communicates with the applicant directly, full stop.

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