Final Ruling – Evidencing Lawful Status in USA

By: Juntee Terrenal, GMS, Strategic International Business Leader, Adviser & Coach

G28NoticeForm-USCIS

 The Homeland Security USCIS (United States Citizenship and Immigration Services) released a News Alert dated January 27, 2015, regarding the Final Ruling on the Form G-28 (Notices of Decisions and Documents Evidencing Lawful Status).

This rule amends regulations governing when USCIS will:

  • correspond with,
  • issue a notice of decision to, or
  • provide documents to

an applicant, petitioner, or requester, and/or an attorney of record or accredited representative.

The Office of Management and Budget (OMB) is reviewing the changes / amendments of the Form G-28. Once approved, the new version of the Form will be published for use of the public.

In the meantime, the current version of the Form is accepted by the USCIS and it will get replaced by the new version when published.

 Final Rule Summary:

Summary: The Department of Homeland Security (DHS) is amending its regulations governing when U.S. Citizenship and Immigration Services (USCIS) will issue correspondence, notices of decisions, and documents evidencing lawful status in the United States to an application, petitioner, attorney, or accredited representative. Specifically, this final rule explains how USCIS will issue requests, notices, cards, and original odcuments to applicants, petitioners, and their attorneys or accredited representatives of record. This final rule also amends the regulations to allow represented applicants to specifically consent to and request that any notices, decisions and secure identity documents be sent solely to the official business address of the applicants’ attorney or accredited representative, as reflected on a properly executed Notice of Entry of Appearance as Attorney or Accredited Representative. Further, through this final rule, DHS clarifies USCIS notification practices relating to represented parties. These changes will conform USCIS notice procedures to account for the full range of stakeholder norms, including industry preferences, in response to stakeholder comments.

Effective Date: This final rule is effective on January 27, 2015.

The Form G-28 is used in any case that is filed with the USCIS whether for employment, family, or business matters.

Employment-based Visas

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