Immigration Power of Attorney Services in La Habra
Understanding When You Need a POA for Immigration Cases and How Form G-28 Works
Quick Answer
La Habra residents navigating the immigration system often need assistance from attorneys or authorized representatives. Understanding how power of attorney works in immigration cases, and specifically how Form G-28 authorizes representation, is essential for anyone who wants professional help with their case. Whether you are in La Habra Heights, the historic downtown area, or the neighborhoods near La Habra Boulevard, this guide explains everything you need to know about immigration representation and authorization.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
La Habra residents navigating the immigration system often need assistance from attorneys or authorized representatives. Understanding how power of attorney works in immigration cases, and specifically how Form G-28 authorizes representation, is essential for anyone who wants professional help with their case. Whether you are in La Habra Heights, the historic downtown area, or the neighborhoods near La Habra Boulevard, this guide explains everything you need to know about immigration representation and authorization.
How Immigration Representation Differs from Traditional POA
- •Traditional POA: Uses state-specific legal documents notarized under state law
- •Immigration POA: Uses federal Form G-28 recognized by USCIS, EOIR, and CBP
- •Traditional POA: Can grant broad powers over finances, property, and decisions
- •Immigration POA: Limited to representation in immigration proceedings only
- •Traditional POA: Remains valid until revoked or principal becomes incapacitated
- •Immigration POA: Valid only for specific cases and must be filed separately for each matter
- •Traditional POA: Any competent adult can serve as agent
- •Immigration POA: Only licensed attorneys or DOJ-accredited representatives can represent
Understanding Form G-28: Notice of Entry of Appearance
- •Part 1: Information about the attorney or accredited representative
- •Part 2: Eligibility category and bar admissions for attorneys
- •Part 3: Information about accredited representatives and their organizations
- •Part 4: Information about the applicant, petitioner, or requestor
- •Part 5: Specific matters covered by the representation
- •Part 6: Applicant's consent and signature authorizing representation
- •Part 7: Representative's signature and certifications
- •Part 8: Contact information for the representative's office
Who Can Represent You in Immigration Matters
| Representative Type | Requirements | Scope of Practice |
|---|---|---|
| Licensed Attorney | Active bar membership in any U.S. state | Full representation before USCIS, EOIR, and federal courts |
| Accredited Representative | DOJ accreditation through recognized organization | Representation before USCIS and EOIR only |
| Law Students/Graduates | Faculty supervision, law school clinic program | Limited representation under supervision |
| Reputable Individuals | Pre-approved by immigration judge, specific case only | Immigration court proceedings only, no USCIS |
| Family Members | Immediate relative, no compensation | Very limited, cannot prepare legal documents |
When You Need Form G-28 for Your Immigration Case
- •Filing any application, petition, or request with USCIS
- •Responding to Requests for Evidence (RFE) through your attorney
- •Having your attorney attend your immigration interview
- •Receiving case status updates and decision notices
- •Filing appeals or motions to reopen with USCIS
- •Requesting expedited processing through your representative
- •Communicating with USCIS about case inquiries
- •Accessing your immigration file through FOIA requests
The G-28 Filing Process Explained
- •Step 1: Download the current version of Form G-28 from USCIS website
- •Step 2: Representative completes their information in Parts 1-3
- •Step 3: Applicant information entered in Part 4
- •Step 4: Specify which matters the G-28 covers in Part 5
- •Step 5: Applicant signs and dates Part 6, authorizing representation
- •Step 6: Representative signs Part 7 with required certifications
- •Step 7: Submit with your application or file separately with USCIS
- •Step 8: Retain a copy for your records
Form G-28 vs. Form G-28I for Immigration Court
| Feature | Form G-28 (USCIS) | Form G-28I (EOIR) |
|---|---|---|
| Agency | U.S. Citizenship and Immigration Services | Executive Office for Immigration Review |
| Proceedings | Applications, petitions, benefits requests | Removal, deportation, asylum court cases |
| Filing Location | USCIS service centers or field offices | Immigration court where case is pending |
| Appeals | Administrative Appeals Office | Board of Immigration Appeals |
| E-Filing | Available through USCIS online account | EOIR Courts and Appeals System (ECAS) |
Accredited Representatives and DOJ Recognition
- •Organizations must apply for DOJ recognition and demonstrate nonprofit status
- •Individual representatives must complete training and pass background checks
- •Partial accreditation allows practice before USCIS only
- •Full accreditation allows practice before USCIS and immigration courts
- •Organizations are listed in the DOJ Recognition and Accreditation roster
- •Representatives must work under the recognized organization's supervision
- •Services must be free or at nominal cost to qualify
- •Continuing education requirements ensure ongoing competency
What Your Representative Can and Cannot Do
- •CAN: Submit applications, petitions, and supporting documents on your behalf
- •CAN: Communicate with USCIS about case status and respond to inquiries
- •CAN: Receive all notices, decisions, and correspondence about your case
- •CAN: Attend interviews with you and advocate during the interview
- •CAN: File appeals and motions within designated timeframes
- •CANNOT: Attend biometrics appointments for you (you must appear personally)
- •CANNOT: Take naturalization oath on your behalf
- •CANNOT: Make decisions without your consent on case strategy
- •CANNOT: Guarantee specific outcomes or processing times
Changing or Terminating Your Representative
- •File a new G-28 with your new representative's information
- •The new G-28 automatically supersedes any previous G-28 on file
- •Request your complete case file from your former representative
- •Former representative must provide file within reasonable time
- •No fee should be charged for returning your documents
- •Notify USCIS in writing if terminating without new representation
- •Update your address if previously using representative's address
- •Consider timing of change to avoid missing deadlines
Avoiding Immigration Fraud and Notario Scams
- •Notario publico in Latin America is a licensed attorney; in the U.S. it is not
- •Only attorneys and accredited representatives can provide legal advice
- •Immigration consultants cannot represent you before USCIS
- •Be suspicious of guarantees about approval or processing times
- •Never sign blank forms or applications you do not understand
- •Ask to see attorney bar card or DOJ accreditation documentation
- •Get a written fee agreement before paying for services
- •Report unauthorized practice to state bar and FTC
Special Situations Requiring Representation Authorization
- •Minor children: Parent or guardian signs G-28 on child's behalf
- •Incapacitated adults: Legal guardian with court documentation can sign
- •Detained individuals: Special procedures for detained person signature
- •Multiple family members: Separate G-28 needed for each person
- •Appeals: New G-28 may be required for appellate proceedings
- •Removal proceedings: G-28I required in addition to G-28 for USCIS
- •FOIA requests: Separate authorization may be needed for file access
- •Consular processing: Form G-28 does not cover DOS proceedings
La Habra Immigration Resources and Legal Aid
- •Orange County Bar Association Lawyer Referral Service
- •Public Law Center free legal services for low-income residents
- •Catholic Charities of Orange County immigration services
- •CLINIC-affiliated organizations providing accredited representative services
- •Local community centers offering immigration workshops
- •Library legal clinics with attorney consultations
- •USCIS Community Relations Officers for procedural guidance
- •State Bar of California attorney verification service
FAQFrequently Asked Questions
Q:Is Form G-28 the same as a power of attorney for immigration?
A: Form G-28 serves a similar purpose to a power of attorney but is specific to immigration representation. Unlike traditional POA documents, the G-28 is a federal form that authorizes only licensed attorneys or DOJ-accredited representatives to appear before USCIS on your behalf. It must be filed separately for each immigration matter and does not grant the broad powers associated with a general power of attorney.
Q:Can a family member represent me in my immigration case?
A: Family members have very limited ability to assist with immigration cases. They cannot complete Form G-28 or represent you before USCIS unless they are licensed attorneys. A family member may accompany you to an interview for support, but they cannot answer questions on your behalf or submit documents as your representative. For any substantive representation, you need an attorney or accredited representative.
Q:How much does it cost to file Form G-28?
A: Form G-28 itself has no filing fee. It is submitted without charge along with your immigration application or petition. However, your attorney or representative will charge for their services according to your fee agreement. If you use a DOJ-accredited representative through a recognized organization, their services may be free or low-cost depending on your financial situation.
Q:What is the difference between an attorney and an accredited representative?
A: An attorney is licensed by a state bar association and can represent clients in all legal matters, including federal courts. An accredited representative is authorized by the Department of Justice through a recognized nonprofit organization to provide immigration legal services specifically. Both can complete Form G-28 and represent you before USCIS, but only fully accredited representatives can also appear in immigration court.
Q:Can my representative attend my USCIS interview without me?
A: No, you must personally attend your USCIS interview. Your representative can accompany you to the interview, advocate on your behalf, clarify questions, and provide legal advice during the interview, but they cannot substitute for your presence. Certain applications, like naturalization, specifically require the applicant to appear in person for the examination.
Q:How do I verify if someone is authorized to provide immigration legal services?
A: For attorneys, verify their license through the state bar association where they claim membership. For accredited representatives, check the DOJ's Recognition and Accreditation roster available online. Be wary of anyone who cannot provide verification of their credentials. Immigration consultants and notarios are not authorized to represent you before USCIS regardless of what they may claim.
Q:What happens if my attorney stops practicing while my case is pending?
A: If your attorney stops practicing, you will need to either find new representation or proceed on your own (pro se). Your former attorney must provide you with your complete case file. File a new G-28 with your new attorney or notify USCIS that you will be representing yourself. Make sure to update your address with USCIS if correspondence was being sent to your attorney's office.
Q:Do I need a separate G-28 for each family member's application?
A: Yes, each person in your family needs their own Form G-28 even if the applications are being filed together. For minor children, a parent or legal guardian signs the G-28 on the child's behalf. If you are filing a family-based petition and adjustment applications together, you will need separate G-28 forms for the petitioner and each applicant.
Need Immigration Representation in La Habra?
Our experienced immigration team can help you navigate your case with proper legal representation. We handle all documentation including G-28 filing and provide comprehensive immigration services throughout La Habra and North Orange County.
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