Yes, you have the legal right to represent yourself in most immigration matters — this is called appearing "pro se." Form G-28 (or its immigration-court counterpart, Form EOIR-28) is simply the official notice that a licensed attorney or a DOJ-accredited representative has formally taken over communication and representation on your case. Once it's filed, USCIS or the immigration court sends notices, requests for evidence, and decisions to your representative instead of (or in addition to) you, and that person becomes the one authorized to speak and act for you on the record. Here's what actually changes, what the real risks of going it alone are, and how to change or remove a representative if you need to.
You have the right to represent yourself
Nothing requires you to hire a lawyer to file a USCIS application or petition, respond to a Request for Evidence, attend a USCIS interview, or appear in immigration court. In removal proceedings before an immigration judge, federal law gives you "the privilege of being represented, at no expense to the Government, by counsel of the alien's choosing who is authorized to practice in such proceeding" (INA § 240(b)(4)(A)) — meaning you can hire counsel at your own expense or find free help, but the government does not appoint or pay for a lawyer the way it does in a criminal case. If you don't have a representative, the immigration judge is required to give you a list of free or low-cost legal service providers and an opportunity to seek counsel before you're asked whether you want to proceed pro se or with a representative.
Representing yourself is a legitimate, lawful choice. Many people successfully self-file straightforward benefit requests. What changes is not your right to be heard — it's who USCIS or the court is required to notify and correspond with, and who is authorized to speak for you on the record.
What Form G-28 actually does at USCIS
Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, is filed with USCIS along with your application, petition, or appeal when you want a licensed attorney or a DOJ-accredited representative to officially represent you. Once it's on file:
USCIS sends notices, Requests for Evidence, interview notices, and decisions to your representative (and, depending on the form and circumstances, sometimes also directly to you).
Your representative is authorized to communicate with USCIS about your case — check case status, respond to requests, and appear with you at interviews.
The form must be signed by both you and the representative, and generally must be filed with the application, petition, or appeal it relates to.
Filing a G-28 does not change your eligibility for a benefit, does not speed up processing, and does not substitute for a properly completed application. It is purely a notice of who is authorized to act and receive communications on your behalf. Confirm the current version of the form and its instructions directly at uscis.gov/g-28 before filing, since USCIS periodically revises the form.
The immigration-court version: Forms EOIR-28 and EOIR-27
If your case is in removal proceedings before an immigration judge rather than at USCIS, the equivalent notice is Form EOIR-28, filed with the immigration court. If your case is on appeal to the Board of Immigration Appeals (BIA), the correct form is instead Form EOIR-27 — the two are not interchangeable, and the court or Board will not recognize a representative who filed the wrong one. Once an EOIR-28 or EOIR-27 is accepted, that attorney or accredited representative becomes the "practitioner of record" and is the one the court will notify about hearing dates and send decisions to. Unrepresented, pro se respondents do not file either of these forms. Details and current forms are at EOIR's Enter an Appearance page at justice.gov/eoir.
The real risks of going it alone
Self-representation is a legitimate choice for some situations, but immigration law is dense, deadline-driven, and often forgiving of good-faith mistakes only in narrow ways. Risks that show up disproportionately in pro se cases include:
Missed or misunderstood deadlines — for example, the one-year deadline to file most asylum applications, the roughly 90-day window to file Form I-751 before a conditional green card expires, and short deadlines to appeal a denial or file a motion to reopen or reconsider. These deadlines generally do not pause because you're searching for help or don't understand the process.
Not spotting an issue that requires legal judgment — such as a criminal history that could trigger inadmissibility or removal, prior immigration violations, or eligibility questions where the "obvious" answer on a form isn't actually correct for your facts.
Answering questions in ways that create inconsistencies — which can later be used to challenge your credibility, especially in asylum and other cases where your own testimony is central evidence.
Not understanding what relief or waivers might apply — some forms of relief are easy to miss if you don't already know they exist, and some are only available if you correctly raise or preserve them at the right stage.
Falling for notario or unauthorized-practice fraud instead of getting real representation. Only licensed attorneys and DOJ-accredited representatives working for an EOIR-recognized organization can lawfully give immigration legal advice or represent you before USCIS or in court. See our guide on how to find a real immigration lawyer and avoid notario fraud.
Simple, well-documented cases — for example, some straightforward family-based petitions — are sometimes handled successfully pro se. Anything involving a criminal record, prior removal or immigration violations, asylum or other protection claims, or a denial or Notice to Appear is a much higher-stakes situation where consulting a qualified immigration attorney or a DOJ-accredited representative is strongly worth pursuing, even for a single consultation. If cost is the barrier, see our guide to free and low-cost immigration help, including DOJ-accredited representatives, legal-aid nonprofits, and law-school clinics.
How to change or remove a representative
Your right to choose your own representative includes the right to change your mind. The process differs slightly depending on where your case is:
At USCIS
To add or change a representative, the new attorney or accredited representative files a new Form G-28 with USCIS.
To remove a representative without adding a new one, notify USCIS in writing (procedures and the correct office vary by form type and case status — check the current instructions at uscis.gov or ask your local USCIS office).
In immigration court or before the BIA
Once an attorney or representative has filed an EOIR-28 or EOIR-27 and appeared in your case, they remain your practitioner of record — with ongoing obligations to you — until the immigration judge (or the Board) grants a motion to withdraw or a motion for substitution of counsel. You cannot simply stop working with them and assume the change is official.
To bring in a new attorney or representative, the new person generally files a written or oral motion for substitution of counsel along with the new EOIR-28.
Judges consider the timing — how close the request is to your next hearing — and the reasons given. Requests made shortly before a hearing are less likely to result in the hearing being postponed, so don't wait until the last minute if you're unhappy with your current representation.
What to do
Decide deliberately whether your case is simple enough to handle pro se or whether the stakes (criminal history, a denial, a Notice to Appear, asylum or other protection claims) call for a consultation with a qualified immigration attorney or accredited representative.
If you get representation, confirm the correct form is filed — Form G-28 at USCIS, Form EOIR-28 in immigration court, or Form EOIR-27 at the BIA — so notices actually reach the right person.
Keep your own copies of everything you or your representative file, and keep your address current with USCIS or the court regardless of who is representing you (see our guide on the legal duty to report a change of address).
Track every deadline yourself even if you have a representative — the one-year asylum deadline, the I-751 filing window, appeal and motion deadlines, and your I-94 expiration date are too important to leave entirely to someone else's calendar.
If you want to change representatives, act as early as possible, especially if you have an upcoming immigration-court hearing — a court will not simply take your word that you've fired your attorney; it requires a granted motion to withdraw or substitute.
Never work with anyone who isn't a licensed attorney or a DOJ-accredited representative for actual legal advice or representation, whatever title they use ("notario," "immigration consultant," etc.).
Common questions
Do I need a lawyer to file a USCIS form?
No. You may file most USCIS applications and petitions yourself. Whether you should get help depends on how straightforward your case is and what's at stake — a consultation with a qualified immigration attorney or accredited representative can help you decide, even if you ultimately proceed pro se.
What happens to notices already sent to me if my attorney files a G-28 later?
Once a G-28 is on file, USCIS generally directs future correspondence to your representative going forward; it does not retroactively change notices already sent. Tell your new representative immediately about any notice, deadline, or pending request you've already received.
Can I fire my attorney whenever I want?
You can end the relationship whenever you choose, but at USCIS the change should be reflected through a written notice or new G-28, and in immigration court your attorney remains the practitioner of record — with ongoing duties to you — until the judge formally grants a motion to withdraw or substitution.
Is a DOJ-accredited representative the same as filing a G-28?
An accredited representative uses the same Form G-28 at USCIS (or EOIR-28/EOIR-27 in immigration proceedings) as a licensed attorney does — the form doesn't distinguish, but the representative must actually hold current accreditation from an EOIR-recognized organization. See our guide on accredited representatives and free or low-cost immigration help.
If I represent myself and it goes badly, can I get a case reopened later by hiring a lawyer?
Sometimes, but reopening a case is difficult, has its own strict deadlines, and is not guaranteed — it is far better to get qualified help before critical decisions and deadlines than to try to undo them afterward.
This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship with anyone. Beware of "notarios," immigration consultants, or visa-service companies that are not licensed attorneys or DOJ-accredited representatives — using one instead of real representation can waste money, miss deadlines, and seriously damage your case. Confirm current forms and procedures at USCIS (uscis.gov) or EOIR (justice.gov/eoir), and consult a qualified immigration attorney or DOJ-accredited representative about your specific situation.
Frequently asked questions
Do I need a lawyer to file a USCIS form?
No. You may file most USCIS applications and petitions yourself. Whether you should get help depends on how straightforward your case is and what's at stake.
What happens to notices already sent to me if my attorney files a G-28 later?
USCIS generally directs future correspondence to your representative going forward; it does not retroactively change notices already sent. Tell your new representative about any pending deadlines immediately.
Can I fire my attorney whenever I want?
Yes, but at USCIS the change should be reflected through a written notice or new G-28, and in immigration court your attorney remains practitioner of record until a judge grants a motion to withdraw or substitution.
Is a DOJ-accredited representative the same as filing a G-28?
An accredited representative uses the same G-28 (or EOIR-28/27) form as a licensed attorney, but must hold current accreditation from an EOIR-recognized organization.
If self-representation goes badly, can I fix it later by hiring a lawyer?
Sometimes, but reopening a case is difficult and has strict deadlines of its own — it's far better to get qualified help before critical deadlines than to try to undo them afterward.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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