G-28 means nothing unless you're an attorney

[IllinoisDave]

But he's not doing that, and I'm guessing would not, if the law were followed correctly.

 

But, yes, it may be difficult to cut through that when even lawyers interpret it that way (see AILA)

True.

[LeeFisher3]

But they are not saying that they do not wish to speak to her representative, they are saying that he cannot be her representative since he is not a lawyer.

True. But the rules Lee cited seem to give her the latitude to deny him the opportunity to represent her at THAT office, at HER discretion no? He's appearing under number 3, which seems to have the qualifiying language: "provided that:" from the top of the list followed by:

(iv) His appearance is permitted by the official before whom he wished to appear (namely, a special inquiry officer, district director, officer-in-charge, regional commissioner, the Commissioner, or the Board) Key words obviously being "provided that" and "permitted."

This seems to give her wide latitude,albeit unfairly, as to who she'll allow to represent someone.

This statement can be read 2 ways, the first and more favorable is that the Service Center on behalf of the District Director has accepted and previously approved the appearance and the local IO does not have the authority to overturn their prior approval.

 

That would be the direction I would approach another attempt or explanation to a congressman's office.

 

As for this form being used for lawyers only, directing them to 8 CFR clearly is in order as they are selectively quoting the code. Also, if that were the case there would not be other types of representatives listed on the G-28. Taking a copy of the original G-28 might be a good idea too.

Edited April 9, 2008 by LeeFisher3 (see edit history)

[LeeFisher3]

I believe you can reschedule a biometrics appointment online as well and it allows you to choose a new date, or did when we needed to change a biometrics appointment.

[Randy W]

I agree with what's being said, but to let you know what you're up against, I found this on a web site titled "Finding Free Legal Advice"

 

Legal Representation

An individual or entity in the United States may choose to be represented by an attorney or accredited representative when filing applications or petitions with U.S. Citizenship and Immigration Services (USCIS).

 

Know Your Rights

 

If you choose to have a representative when filing an application or petition with USCIS, an attorney or an accredited representative of a recognized organization may represent you. A representative must also file a "NOTICE OF ENTRY OF APPEARANCE AS ATTORNEY OR REPRESENTATIVE" (Form G-28) along with the application or petition. In matters filed within the United States, only attorneys and accredited representatives may communicate on your behalf to USCIS and receive information from USCIS regarding your application or petition.

 

I do not see the restriction on a representative being "accredited", but this is by attorneys, so what do you expect?

 

. . . and here's the list!

Edited April 9, 2008 by Randy W (see edit history)

[LeeFisher3]

I agree with what's being said, but to let you know what you're up against, I found this on a web site titled "Finding Free Legal Advice"

 

Legal Representation

An individual or entity in the United States may choose to be represented by an attorney or accredited representative when filing applications or petitions with U.S. Citizenship and Immigration Services (USCIS).

 

Know Your Rights

 

If you choose to have a representative when filing an application or petition with USCIS, an attorney or an accredited representative of a recognized organization may represent you. A representative must also file a "NOTICE OF ENTRY OF APPEARANCE AS ATTORNEY OR REPRESENTATIVE" (Form G-28) along with the application or petition. In matters filed within the United States, only attorneys and accredited representatives may communicate on your behalf to USCIS and receive information from USCIS regarding your application or petition.

 

I do not see the restriction on a representative being "accredited", but this is by attorneys, so what do you expect?

 

. . . and here's the list!

You wouldn't expect free legal advice to let you know you can do something without paid legal advice now would you? B)

[se_lang]

My 2cents, just bring the spouse with as well as any and all paper work up to that point and time this way they are forced to do their job, If I had not gone this route my wife would not have gotten her AOS appt on the scheduled day because what the office handed out as required documents was not what they listed on the website meaning I would have been missing a lot of paper work. This crap is no different then dealing with GUZ "Go Prepared" and hope for the best.

[jim_julian]

There's always the possibility of getting CFL on the "accredited" list ... we're much more reputable than some of those names sound! B)

[IllinoisDave]

My 2cents, just bring the spouse with as well as any and all paper work up to that point and time this way they are forced to do their job, If I had not gone this route my wife would not have gotten her AOS appt on the scheduled day because what the office handed out as required documents was not what they listed on the website meaning I would have been missing a lot of paper work. This crap is no different then dealing with GUZ "Go Prepared" and hope for the best.

I think the OP said his wife was out of state and he was trying to save some time and find out about a re-scheduled bio appt.

[I love Sunshine]

Yes, my wife is out of state, and that is why she wasn't able to appear.

 

I did read that the official has the right to determine if my appearance on behalf of my wife is permitted, but that seems a little contrary to common sense. For example, if my wife was bedridden, does this require me to hire a lawyer to get anything done on her case? All the sudden there is an additional cost to me for an invalid wife that doesn't apply to others.

 

Also, the Infopass appointment was made because we had fallen through the cracks and the sole purpose of this was to set a biometrics appointment. Why does this lady get to set the agenda without some form of advance notice to others of what is permitted in her fiefdom and what is not? It only makes sense that someone with an approval for Authorized Representative by the National Benefits Center should be an Authorized Representative in a local service center.

 

This is a jurisdictional issue. Since many people are from the Chicago area, let me give an illustration: this is akin to you getting a speeding ticket in Rockford, Illinois only to have the Rockford police officer say your Illinois driver's license is not valid in Rockford since it was issued in Chicago.

Edited April 10, 2008 by I love Sunshine (see edit history)

[georgeandli]

Try using common sense, and see where it gets you!!? They are protecting their little turf.

[IllinoisDave]

Yes, my wife is out of state, and that is why she wasn't able to appear.

 

I did read that the official has the right to determine if my appearance on behalf of my wife is permitted, but that seems a little contrary to common sense. For example, if my wife was bedridden, does this require me to hire a lawyer to get anything done on her case? All the sudden there is an additional cost to me for an invalid wife that doesn't apply to others.

 

Also, the Infopass appointment was made because we had fallen through the cracks and the sole purpose of this was to set a biometrics appointment. Why does this lady get to set the agenda without some form of advance notice to others of what is permitted in her fiefdom and what is not? It only makes sense that someone with an approval for Authorized Representative by the National Benefits Center should be an Authorized Representative in a local service center.

 

This is a jurisdictional issue. Since many people are from the Chicago area, let me give an illustration: this is akin to you getting a speeding ticket in Rockford, Illinois only to have the Rockford police officer say your Illinois driver's license is not valid in Rockford since it was issued in Chicago.

I agree ILS. She's playing jurisdictional and power games. It's ridiculous that you have to go through all this just so you can re-schedule a bio appt. Like George said, "Common sense? We don't need no stinking common sense."

Good luck.

[se_lang]

My 2cents, just bring the spouse with as well as any and all paper work up to that point and time this way they are forced to do their job, If I had not gone this route my wife would not have gotten her AOS appt on the scheduled day because what the office handed out as required documents was not what they listed on the website meaning I would have been missing a lot of paper work. This crap is no different then dealing with GUZ "Go Prepared" and hope for the best.

I think the OP said his wife was out of state and he was trying to save some time and find out about a re-scheduled bio appt.

 

I understand his situation however the point is you are dealing with the the USCIS and if you give them the chance to do nothing they will do just that. What happened to him was messed up but that is what our system does best, mess up.

[wood57]

I had Kyle and McCain both write letters to Phoenix office. I think it helped ended up with 2 AOS appointments. If you think there unfriendly at the USCIS office wait till you meet the guard for the biometrics. He defiantly needs a different job