EOIR-28 Form: What It Means in Immigration Court

The EOIR-28 form is the notice that tells an immigration court that a practitioner has entered an appearance in proceedings before the court. Once it is filed, that lawyer becomes the practitioner of record and receives the court’s papers for the case. This page explains the EOIR-28 form and what it means for you or a family member facing removal.

The official title is Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court, as listed on the Executive Office for Immigration Review forms page.

What Form EOIR-28 Is

Form EOIR-28 is the formal notice that an attorney has entered an appearance in an immigration court case. It is issued through the Executive Office for Immigration Review, or EOIR. Under 8 C.F.R. § 1003.17, a practitioner must use Form EOIR-28 to enter an appearance in proceedings before an immigration court. That filing makes the lawyer the practitioner of record.

The form goes to the immigration court and to the Department of Homeland Security. It is not filed with USCIS. That difference matters, because many people mix up court forms with the forms they file for benefit applications.

What the Form Contains

The form must show the type of appearance. It can cover all proceedings, custody and bond proceedings only, or all proceedings other than custody and bond. The lawyer must indicate which one applies.

The lawyer must complete and sign the form as its instructions require. The lawyer’s signature confirms that they are authorized and qualified to appear. The lawyer must also put their name, with a signature, on any document filed with the court under that appearance, according to 8 C.F.R. § 1003.17. 8 C.F.R. § 1003.17 reads: “Notwithstanding the completion of a Form EOIR-28 or Form EOIR-61, the practitioner must identify themselves by name, accompanied by their signature, on any document filed or intended to be filed with the immigration court pursuant to an appearance under paragraph (a) or (b).”

For a respondent, the key information is simple. The form names the lawyer and shows the scope of that lawyer’s role in the case.

Why Your Immigration Lawyer Files It

Filing the form makes the representation official on the court record. The practitioner of record must appear in immigration court for the respondent, file documents for the respondent, and accept service of court papers, according to 8 C.F.R. § 1003.17.

Filing also gives the lawyer access to the record of proceedings. Under the same rule, a respondent is considered represented in the proceedings where the EOIR-28 has been filed.

Notices follow the same path. Under 8 C.F.R. § 1292.5, notices and papers in a case, other than a warrant of arrest or a subpoena, go to the attorney or representative of record. That is why the form matters for hearing notices.

EOIR-28 Versus G-28: Which Form Goes Where

The G-28 is a different form. USCIS describes Form G-28 as the form used to provide information about a person’s eligibility to act on behalf of an applicant, petitioner, or respondent in USCIS matters.

The EOIR-28 is used before the immigration court. So one attorney may file a G-28 for a USCIS application and an EOIR-28 for a removal hearing. These are separate notices, and each follows its own rules.

There is also the EOIR-61, a limited appearance form. Under 8 C.F.R. § 1003.17, a practitioner who uses the EOIR-61 is not the practitioner of record and does not get access to the record of proceedings. A full EOIR-28 does both.

What Happens If the Form Is Incomplete or Rejected

The form must be properly completed and signed. Under 8 C.F.R. § 1003.17, further proof of the lawyer’s qualifications may also be required.

Timing matters most. Under 8 C.F.R. § 1003.31, if a document is not filed within the time the immigration judge sets, the opportunity to file it is deemed waived. A paperwork problem can therefore become a missed opportunity.

Filing rules come from EOIR and can change. Follow the current instructions on EOIR’s forms page when you check a filing.

Registration and Electronic Filing Steps

Registration rules are in 8 C.F.R. § 1292.1. Registrants give their name, business address, phone number, date of birth, email, and bar admission information where it applies. 8 C.F.R. § 1292.1 reads: “The Director or his designee may administratively suspend from practice before the immigration judges and the Board any attorney or accredited representative who fails to provide the following required registration information: name, business address(es), business telephone number(s), date of birth, email address, bar admission information (if applicable), and recognized organization (if applicable), or who, after having provided that information, fails to present photo identification or comply with any other validation requirements implemented by the Director.”

Electronic filing is also required in many cases. Under 8 C.F.R. § 1003.31, attorneys and accredited representatives of record must file documents electronically in cases eligible for electronic filing. This affects how fast filings reach the court and the other side.

What the Form Means for You or Your Relative

When an EOIR-28 is on file, the lawyer of record is the person the court contacts. Under 8 C.F.R. § 1292.5, notices go to the attorney of record. If no attorney or other representative has entered an appearance, notices go to the person.

Ask your lawyer which appearance type they filed. Confirm the lawyer’s name appears on the notices you receive. Write down every hearing date and any deadline the judge sets.

Representation can change. Under 8 C.F.R. § 1292.4, withdrawal and substitution of counsel in immigration judge or Board proceedings is allowed only under specific rules. Related topics are covered on our removal defense and BIA appeals pages.

Talk With Our Team About Your Removal Case

If you or a family member received a Notice to Appear or a hearing date, you may be trying to read court papers you did not expect. You did not choose this situation, and the paperwork can feel like its own language. You can reach AG Immigration Law P.A. through the contact form, by phone, by WhatsApp, or by booking a paid consultation. Adriana Gomez is the lawyer responsible for this page.

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