How is EOIR-28 different from USCIS G-28 and a BIA appearance?
EOIR-28 is the notice of appearance as attorney or representative before the immigration court. USCIS representation and BIA representation use distinct frameworks. Verify the person’s professional authority, the agreed scope and the court appearance separately instead of assuming one signed form covers every agency.
Sources: EOIR Forms & Fees · Checked October 25, 2026
What this guide covers
- Keep the immigration court forum explicit
- Compare the engagement and the appearance scope
- Verify authority through the appropriate records
- Clarify communication and changes in representation
- Identify the individual behind the practice name
At a glance
- Identify the actual immigration-court proceeding.
- Confirm the representative’s identity and authority.
- Compare the engagement and court appearance scope.
Use the current official form
Government forms are free to access from their owner. Check edition, fees and filing instructions directly.
Open the official form pageKeep the immigration court forum explicit
An immigration judge proceeding is distinct from a USCIS benefit application and from a BIA appeal. EOIR’s form list identifies EOIR-28 with appearance before the immigration court. The forum should be visible in the file name and the representation checklist.
A professional may handle more than one related matter, but that does not make the agency records interchangeable. Confirm which person is appearing, for whom and in which proceeding. A law firm website cannot establish that an appearance was actually made in a particular case.
Compare the engagement and the appearance scope
The private service agreement and the court appearance perform different roles. Read them together to identify the work promised and the procedural representation involved. A consultation, document assistance and representation at hearings should not be assumed to be the same assignment.
Verify authority through the appropriate records
Check attorney licensing or the relevant recognition-and-accreditation framework separately from the form. A filled appearance document is not independent proof of current professional status. Practice profiles identify published scope and official research routes; use the actual adviser’s authorization record to check standing and restrictions. Inclusion is not a ranking.
Clarify communication and changes in representation
Ask how hearing notices, filings and client questions will be shared through the agreed private process. Withdrawal, substitution and later appeal representation can raise separate procedural requirements. The free checklist below helps a reader identify those questions but does not hire counsel, file an appearance or determine who represents a person.
Identify the individual behind the practice name
A firm’s marketing identity and the particular practitioner appearing in a proceeding are different facts. Preserve the name on the actual appearance and research that person’s authority through the appropriate official records. Do not treat an office’s general immigration practice description as proof that a named person represents the reader or is authorized in the relevant forum.
| Item | What it establishes | Question to resolve |
|---|---|---|
| EOIR-28 | Immigration-court appearance | Which proceeding and person are covered? |
| G-28 | USCIS appearance research | Is a separate benefit matter involved? |
| BIA appearance | A distinct appellate forum | What current appeal representation rules apply? |
Prepare your next questions
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Version: October 25, 2026.
Go to the source
Sources & verification
Follow the institution that owns the requirement and check its current instructions.
Common questions
Does USCIS G-28 automatically cover immigration court?
Do not assume so. EOIR has its own appearance framework.
Sources: EOIR Forms & Fees
Does EOIR-28 automatically establish a BIA appearance?
Do not assume the same form covers the appellate forum. Read the current BIA requirements.
Sources: EOIR Forms & Fees
Is an appearance form independent license verification?
No. Verify professional status through the appropriate official records.
Sources: EOIR Forms & Fees
Does this guide retain an attorney for me?
No. It provides free questions and record distinctions without forming a representation relationship.
Sources: EOIR Forms & Fees
About this guide
By Immigrant Insider editorial desk. Updated .
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