Notice of Entry of Appearance as Attorney or Accredited Representative; Notice of Entry of Appearance of Foreign Attorney

Forms and Documents

Document Name	Status
Form G-28 Notice of Entry of Appearance as Attorney or Accredited Representative; Notice of Entry of Appearance of Foreign Attorney Form and Instruction	New
Emergency Justification 7-15-08 (OCC) (3) (2) FINAL.doc Supplementary Document	2008-08-07
Reference Citations.doc Supplementary Document	2008-08-07
30 Day Notice Emergency Published 8-7-08.doc Supplementary Document	2008-08-07
G-28 Support. Stat. 8-7-08.doc Supporting Statement A	2008-08-07

IC Document Collections

IC ID	Document Title	Status
186036	Notice of Entry of Appearance as Attorney or Accredited Representative; Notice of Entry of Appearance of Foreign Attorney Form and Instruction	New

ICR Details

OMB Control No: 1615-0105	ICR Reference No: 200808-1615-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DHS/USCIS	Agency Tracking No:
Title: Notice of Entry of Appearance as Attorney or Accredited Representative; Notice of Entry of Appearance of Foreign Attorney
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/21/2008
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/16/2008
	Date Received in OIRA: 08/15/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2009	6 Months From Approved
Responses	2,479,000	0	0
Time Burden (Hours)	825,507	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: The data collected on Forms G-28 and G-28I are used by DHS to determine eligibility of the individual to appear as a representative. Form G-28 is used by attorneys admitted to practice in the United States and accredited representatives of charitable organizations recognized by the Board of Immigration Appeals. Form G-28I is used by attorneys admitted to the practice of law in countries other than the United States and only with matters filed in DHS offices outside the geographical confines of the United States.

Emergency Justfication: Recently, USCIS took the lead in revising Form G-28 and developing a new Form G-28I for use in cases filed in agency offices outside the United States. During the review process, USCIS discovered that Form G-28 had never been approved by the Office of Management and Budget (OMB) under the PRA. USCIS has reviewed Form G-28 and determined that the “Administrative Action” exemption no longer applies and both Form G-28 and Form G-28I require OMB approval. Accordingly, DHS seeks emergency processing of this information collection request in accordance with 5 CFR 1320.13. USCIS certifies that the requirements of 5 CFR 1320.13(a)(1) are met and that: • The collection of information is needed immediately and is essential to the mission of the agency. • The agency cannot reasonably comply with the normal clearance procedures because public harm is likely to result if normal clearance procedures are followed. Further, DHS requests OMB approval to continue using the current Form G-28 until OMB approval of the revised Form G-28 and new Form G-28I is obtained. Disruption in the use of Form G-28 would have a significant negative impact on the public. An estimated 2.5 million Form G-28s are filed with petitions and applications annually. If DHS ceases requiring and accepting Form G-28 until OMB approval is received, individuals may submit the requisite representation notice (required by 8 CFR 292) in nonstandard formats that will greatly complicate and frustrate DHS’s ability to determine an individual’s eligibility to appear as a legal representative and record his or her appearance in the case. Further, without the G-28: • Information contained on Form G-28 would no longer be entered into a database to generate correspondence to the representative and, therefore, would not be part of the electronic record. • If correspondence is not sent to an applicant’s representative, DHS attorneys may be in jeopardy of violating state bar ethics rules by treating applicants as if they were not represented by an attorney. • DHS frequently communicates with an applicant’s representative when an application is submitted under the Violence Against Women Act (VAWA), which provides the necessary “safe address.” If Form G-28 cannot be used, DHS will be unable to communicate with the applicant through protected channels.

---

Authorizing Statute(s): None

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 46028	08/07/2008
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Notice of Entry of Appearance as Attorney or Accredited Representative; Notice of Entry of Appearance of Foreign Attorney	G-28, G-28I	Notice of Entry of Appearance as Attorney or Accredited Representative ,   Notice of Entry of Appearance as Attorney or Accredited Representative

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,479,000	0	0	2,479,000	0	0
Annual Time Burden (Hours)	825,507	0	0	825,507	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There has been an increase of 825,507 burden hours because this is a new information collection.

---

Annual Cost to Federal Government: $33,020,280

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/15/2008

---