Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

A DS-261 Online Choice of Agent Form Cannot Be Used as a Substitute to Replace a U.S. Attorney’s G-28 in Immigration Matters

United States licensed attorneys representing clients before the Department of Homeland Security (“DHS”) or the Department of State (“DOS”) submit a Form G-28 Notice of Entry of Appearance as Attorney or Accredited Representative (“Form G-28”). Submitting a Form G-28 notifies DHS and DOS that this person is being represented by an attorney.  This is particularly helpful if during the process, problems occur which could result in an adverse decision for the client such as rejection or refusal of the immigration benefit being sought.

The Code of Federal Regulations (“CFR”), which is the law for U.S. federal agencies like DHS or DOS, is very specific on the definition of an “attorney.” Specifically, 8 CFR 1.2 states that an attorney is “any person who is eligible to practice law, and is a member in good standing, not currently being subjected to discipline of the state bar in any state.” Because the definition is expressly clear, it precludes any other person, such as a visa agent or foreign licensed attorney, from meeting that requirement. As such, only representatives (attorneys) who meet the definition may file a Form G-28.

Visa agents and non-U.S. licensed attorneys are precluded from submitting a Form G-28. Instead, many visa agents or foreign attorneys who offer U.S. immigration services often inform their clients that a DS-261, Online Choice of Address and Agent (“DS-216”) filed with DOS is an acceptable substitute for a Form G-28 which allows them to interact with DHS or DOS on the client’s behalf. This unfortunately is misrepresentation even if the visa agent or foreign attorney has been engaging in such practice for years and has never had any problems with either DHS or DOS. In fact, the rules are quite strict and are designed to protect individual petitioners and beneficiaries from unauthorized or fraudulent practitioners while using the generic term “agent” to mislead clients into believing that a DS-261 will allow them to act as an authorized representative.

Within the context of a DS-261, the Foreign Affairs Manual (“FAM”), which is the “operating manual” for DOS, a DS-261 allows the principal applicant to designate an agent for his or her case. The term agent under the FAM means a person who will receive mail from DOS and the agent may be the petitioner, an attorney, friend, or nongovernmental or community-based organization such as one that assists refugees. The agent however cannot complete and sign documents on behalf of the applicant nor assist with fee payments, collect professional fees for such services, nor assist with documentation collection. The applicant may choose to designate him or herself as the agent.

Regretfully, visa agents or foreign attorneys who offer U.S. immigration services often try to circumvent the meaning of “agent” as defined by the FAM by informing their clients that if asked, the visa agent or the foreign licensed attorney is the applicant’s “friend” hiding this repetitive violation and fundamental dishonesty.  Most importantly, such agents are not trained to identify potential problems with an applicant’s case and may not be able to help to solve the problem if it occurs.

For more information on how a U.S. immigration attorney in Asia can help you with your immigrant requirements, contact us today at info@enterlinepartners.com and speak with one of our attorneys in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor
6801 Ayala Avenue
Makati City, Philippines 1226

Tel: +632 5310 1491

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2021. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Federal Lawsuit Filed Immediately Following Trump’s Executive Order Ending Birthright Citizenship

Less than 2 hours after President Donald J. Trump signed an Executive Order (“EO”) attempting to end birthright citizenship, immigrant advocates started to file lawsuits in Federal Court attempting to block Trump’s Executive Order. The first lawsuit was filed in the U.S. Federal District Court of New Hampshire  on behalf of a group representing Indonesian migrants in the State. It was signed by a total of twenty-six (26) attorneys representing the American Civil Liberties Union, State Democracy Defends Fund, the NAACP Legal Defense & Educational Endowment Fund, League of United Latin American Citizens and Make the Road New York as plaintiffs. Following New Hampshire, more than two dozen additional lawsuits were filed against the EO in Federal District Courts contending that the EO violates the U.S. Constitution’s 14th Amendment, U.S. Supreme Court precedent since 1898 (United States v. Wong Kim Ark), as well as federal law which has been practiced

Read more >

Can My Fiance Work in the U.S. After Arriving on a K-1 Visa?

One your fiance arrives in the United States on a K-1 visa and you are married within ninety (90) days upon arrival, you and your fiance will need to file for adjustment of status with the United States Citizenship and Immigration Services (“USCIS”) in order to convert the K-1 fiance nonimmigrant visa status to lawful permanent resident status. As part of the adjustment process, applicants have the option of filing a Form I-131, Application for Travel Documents, Parole Documents, and Arrival/ Departure Records with their Form I-485, Application to Register Permanent Residence or Adjust Status. Approval of the Form I-131 will result in Advance Parole allowing for international travel while waiting for USCIS to approve the Form I-485. Applicants also have the option to file a Form I-765, Application for Employment Authorization (“EAD”) while USCIS adjudicates the adjustment application. Once the EAD is approved, they will have valid status and

Read more >

What is the Four Month Validity Period of an Approved I-129F Petition for a K-1 Visa?

Once the United States Citizenship and Immigration Services (“USCIS”) approves an I-129F Petition for Alien Fiancé, the foreign fiancé typically has four (4) months to apply for a K-1 fiancé visa at a U.S. Embassy or Consulate. However, due to the time that it takes for an approved petition to be sent and received by the National Visa Center and then forwarded to the foreign fiancé’s embassy or consulate where he/she will undergo a visa interview, petition revalidation is possible. While the interviewing consular officer will often automatically revalidate an expired petition, demonstrating ongoing intent that the U.S. citizen and foreign fiancé intend to marry within ninety (90) days upon the foreign fiancé’s arrival in the United States may be requested. The rationale behind requesting updated documentation showing continued marital intent is to ensure that the couple’s bona-fide relationship remains current and genuine. It further helps to reduce prolonged processing

Read more >
Vietnam
icons8-exercise-96 chat-active-icon