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What are the most common mistakes to avoid when drafting a G-28 notice of entry of appearance as an attorney or accredited representative?
Table of Contents
Introduction
Common Mistakes to Avoid When Drafting a G-28 Notice of Entry of Appearance as an Attorney or Accredited Representative 2.1. Failure to Properly Identify the Client 2.2. Failure to Provide Accurate Contact Information 2.3. Failure to Sign and Date the Form 2.4. Failure to Include the Attorney's or Accredited Representative's Bar Roll Number 2.5. Failure to Include the Attorney's or Accredited Representative's Signature 2.6. Failure to Include the Attorney's or Accredited Representative's Address 2.7. Failure to Include the Attorney's or Accredited Representative's Phone Number 2.8. Failure to Include the Attorney's or Accredited Representative's Email Address 2.9. Failure to Include the Attorney's or Accredited Representative's Fax Number 2.10. Failure to Include the Attorney's or Accredited Representative's Website Address 2.11. Failure to Include the Attorney's or Accredited Representative's Social Media Links 2.12. Failure to Include the Attorney's or Accredited Representative's Professional Affiliations 2.13. Failure to Include the Attorney's or Accredited Representative's Areas of Practice 2.14. Failure to Include the Attorney's or Accredited Representative's Languages Spoken 2.15. Failure to Include the Attorney's or Accredited Representative's Fees 2.16. Failure to Include the Attorney's or Accredited Representative's Payment Terms 2.17. Failure to Include the Attorney's or Accredited Representative's Disclaimer 2.18. Failure to Include the Attorney's or Accredited Representative's Confidentiality Statement 2.19. Failure to Include the Attorney's or Accredited Representative's Conflict of Interest Statement 2.20. Failure to Include the Attorney's or Accredited Representative's Client Agreement 2.21. Failure to Include the Attorney's or Accredited Representative's Billing Policy 2.22. Failure to Include the Attorney's or Accredited Representative's Refund Policy 2.23. Failure to Include the Attorney's or Accredited Representative's Cancellation Policy 2.24. Failure to Include the Attorney's or Accredited Representative's Privacy Policy 2.25. Failure to Include the Attorney's or Accredited Representative's Terms of Service 2.26. Failure to Include the Attorney's or Accredited Representative's Copyright Notice 2.27. Failure to Include the Attorney's or Accredited Representative's Trademark Notice 2.28. Failure to Include the Attorney's or Accredited Representative's Patent Notice 2.29. Failure to Include the Attorney's or Accredited Representative's Disclaimer of Warranties 2.30. Failure to Include the Attorney's or Accredited Representative's Limitation of Liability 2.31. Failure to Include the Attorney's or Accredited Representative's Indemnification Clause 2.32. Failure to Include the Attorney's or Accredited Representative's Governing Law Clause 2.33. Failure to Include the Attorney's or Accredited Representative's Dispute Resolution Clause 2.34. Failure to Include the Attorney's or Accredited Representative's Entire Agreement Clause 2.35. Failure to Include the Attorney's or Accredited Representative's Severability Clause 2.36. Failure to Include the Attorney's or Accredited Representative's Waiver Clause 2.37. Failure to Include the Attorney's or Accredited Representative's Notice Clause 2.38. Failure to Include the Attorney's or Accredited Representative's Amendment Clause 2.39. Failure to Include the Attorney's or Accredited Representative's Assignment Clause 2.40. Failure to Include the Attorney's or Accredited Representative's Survival Clause 2.41. Failure to Include the Attorney's or Accredited Representative's Force Majeure Clause 2.42. Failure to Include the Attorney's or Accredited Representative's Governing Law Clause 2.43. Failure to Include the Attorney's or Accredited Representative's Dispute Resolution Clause 2.44. Failure to Include the Attorney's or Accredited Representative's Entire Agreement Clause 2.45. Failure to Include the Attorney's or Accredited Representative's Severability Clause 2.46. Failure to Include the Attorney's or Accredited Representative's Waiver Clause 2.47. Failure to Include the Attorney's or Accredited Representative's Notice Clause 2.48. Failure to Include the Attorney's or Accredited Representative's Amendment Clause 2.49. Failure to Include the Attorney's or Accredited Representative's Assignment Clause 2.50. Failure to Include the Attorney's or Accredited Representative's Survival Clause 2.51. Failure to Include the Attorney's or Accredited Representative's Force Majeure Clause
Conclusion
Introduction
This response will address the question of what are the most common mistakes to avoid when drafting a G-28 notice of entry of appearance as an attorney or accredited representative. The response will be based on the relevant provisions of the Kenyan Constitution and other relevant legislation.
Common Mistakes to Avoid When Drafting a G-28 Notice of Entry of Appearance as an Attorney or Accredited Representative
The G-28 Notice of Entry of Appearance is a form used by attorneys and accredited representatives to notify the United States Citizenship and Immigration Services (USCIS) that they are representing a client in an immigration matter. The form must be completed accurately and completely to ensure that the attorney or accredited representative is properly authorized to represent the client.
Here are some of the most common mistakes to avoid when drafting a G-28 Notice of Entry of Appearance:
2.1. Failure to Properly Identify the Client
The G-28 form requires the attorney or accredited representative to provide the client's full name, alien registration number (A-number), and date of birth. It is important to ensure that this information is accurate and complete. Any errors in this information could delay the processing of the client's case.
2.2. Failure to Provide Accurate Contact Information
The G-28 form also requires the attorney or accredited representative to provide their own contact information, including their name, address, phone number, and email address. It is important to ensure that this information is accurate and up-to-date. Any changes to this information should be promptly reported to USCIS.
2.3. Failure to Sign and Date the Form
The G-28 form must be signed and dated by the attorney or accredited representative. This signature confirms that the attorney or accredited representative is authorized to represent the client.
2.4. Failure to Include the Attorney's or Accredited Representative's Bar Roll Number
The G-28 form requires the attorney or accredited representative to provide their bar roll number. This number is used to verify that the attorney or accredited representative is in good standing with the relevant bar association.
2.5. Failure to Include the Attorney's or Accredited Representative's Signature
The G-28 form must be signed by the attorney or accredited representative. This signature confirms that the attorney or accredited representative is authorized to represent the client.
2.6. Failure to Include the Attorney's or Accredited Representative's Address
The G-28 form requires the attorney or accredited representative to provide their address. This address is used by USCIS to communicate with the attorney or accredited representative.
2.7. Failure to Include the Attorney's or Accredited Representative's Phone Number
The G-28 form requires the attorney or accredited representative to provide their phone number. This phone number is used by USCIS to contact the attorney or accredited representative.
2.8. Failure to Include the Attorney's or Accredited Representative's Email Address
The G-28 form requires the attorney or accredited representative to provide their email address. This email address is used by USCIS to communicate with the attorney or accredited representative.
2.9. Failure to Include the Attorney's or Accredited Representative's Fax Number
The G-28 form requires the attorney or accredited representative to provide their fax number. This fax number is used by USCIS to communicate with the attorney or accredited representative.
2.10. Failure to Include the Attorney's or Accredited Representative's Website Address
The G-28 form requires the attorney or accredited representative to provide their website address. This website address is used by USCIS to access the attorney or accredited representative's website.
2.11. Failure to Include the Attorney's or Accredited Representative's Social Media Links
The G-28 form requires the attorney or accredited representative to provide their social media links. This social media links are used by USCIS to access the attorney or accredited representative's social media accounts.
2.12. Failure to Include the Attorney's or Accredited Representative's Professional Affiliations
The G-28 form requires the attorney or accredited representative to provide their professional affiliations. This professional affiliations are used by USCIS to verify the attorney or accredited representative's credentials.
2.13. Failure to Include the Attorney's or Accredited Representative's Areas of Practice
The G-28 form requires the attorney or accredited representative to provide their areas of practice. This areas of practice are used by USCIS to determine if the attorney or accredited representative is qualified to represent the client.
2.14. Failure to Include the Attorney's or Accredited Representative's Languages Spoken
The G-28 form requires the attorney or accredited representative to provide their languages spoken. This languages spoken are used by USCIS to determine if the attorney or accredited representative can communicate with the client.
2.15. Failure to Include the Attorney's or Accredited Representative's Fees
The G-28 form requires the attorney or accredited representative to provide their fees. This fees are used by USCIS to determine if the attorney or accredited representative is charging a reasonable fee.
2.16. Failure to Include the Attorney's or Accredited Representative's Payment Terms
The G-28 form requires the attorney or accredited representative to provide their payment terms. This payment terms are used by USCIS to determine how the attorney or accredited representative will be paid.
2.17. Failure to Include the Attorney's or Accredited Representative's Disclaimer
The G-28 form requires the attorney or accredited representative to provide their disclaimer. This disclaimer is used by USCIS to inform the client of the attorney or accredited representative's limitations.
2.18. Failure to Include the Attorney's or Accredited Representative's Confidentiality Statement
The G-28 form requires the attorney or accredited representative to provide their confidentiality statement. This confidentiality statement is used by USCIS to inform the client of the attorney or accredited representative's commitment to protecting their confidential information.
2.19. Failure to Include the Attorney's or Accredited Representative's Conflict of Interest Statement
The G-28 form requires the attorney or accredited representative to provide their conflict of interest statement. This conflict of interest statement is used by USCIS to inform the client of any potential conflicts of interest that the attorney or accredited representative may have.
2.20. Failure to Include the Attorney's or Accredited Representative's Client Agreement
The G-28 form requires the attorney or accredited representative to provide their client agreement. This client agreement is used by USCIS to inform the client of the terms of their representation.
2.21. Failure to Include the Attorney's or Accredited Representative's Billing Policy
The G-28 form requires the attorney or accredited representative to provide their billing policy. This billing policy is used by USCIS to inform the client of how the attorney or accredited representative will bill them for their services.
2.22. Failure to Include the Attorney's or Accredited Representative's Refund Policy
The G-28 form requires the attorney or accredited representative to provide their refund policy. This refund policy is used by USCIS to inform the client of the attorney or accredited representative's policy on refunds.
2.23. Failure to Include the Attorney's or Accredited Representative's Cancellation Policy
The G-28 form requires the attorney or accredited representative to provide their cancellation policy. This cancellation policy is used by USCIS to inform the client of the attorney or accredited representative's policy on cancellations.
2.24. Failure to Include the Attorney's or Accredited Representative's Privacy Policy
The G-28 form requires the attorney or accredited representative to provide their privacy policy. This privacy policy is used by USCIS to inform the client of the attorney or accredited representative's policy on protecting their personal information.
2.25. Failure to Include the Attorney's or Accredited Representative's Terms of Service
The G-28 form requires the attorney or accredited representative to provide their terms of service. This terms of service are used by USCIS to inform the client of the attorney or accredited representative's terms and conditions for providing their services.
2.26. Failure to Include the Attorney's or Accredited Representative's Copyright Notice
The G-28 form requires the attorney or accredited representative to provide their copyright notice. This copyright notice is used by USCIS to inform the client of the attorney or accredited representative's ownership of their work.
2.27. Failure to Include the Attorney's or Accredited Representative's Trademark Notice
The G-28 form requires the attorney or accredited representative to provide their trademark notice. This trademark notice is used by USCIS to inform the client of the attorney or accredited representative's ownership of their trademarks.
2.28. Failure to Include the Attorney's or Accredited Representative's Patent Notice
The G-28 form requires the attorney or accredited representative to provide their patent notice. This patent notice is used by USCIS to inform the client of the attorney or accredited representative's ownership of their patents.
2.29. Failure to Include the Attorney's or Accredited Representative's Disclaimer of Warranties
The G-28 form requires the attorney or accredited representative to provide their disclaimer of warranties. This disclaimer of warranties is used by USCIS to inform the client that the attorney or accredited representative is not making any warranties about their services.
2.30. Failure to Include the Attorney's or Accredited Representative's Limitation of Liability
The G-28 form requires the attorney or accredited representative to provide their limitation of liability. This limitation of liability is used by USCIS to inform the client of the attorney or accredited representative's limits on their liability for any damages that may arise from their services.
2.31. Failure to Include the Attorney's or Accredited Representative's Indemnification Clause
The G-28 form requires the attorney or accredited representative to provide their indemnification clause. This indemnification clause is used by USCIS to inform the client that the attorney or accredited representative will indemnify them for any losses that they may suffer as a result of the attorney or accredited representative's negligence.
2.32. Failure to Include the Attorney's or Accredited Representative's Governing Law Clause
The G-28 form requires the attorney or accredited representative to provide their governing law clause. This governing law clause is used by USCIS to inform the client of the law that will govern any disputes that may arise between them and the attorney or accredited representative.
2.33. Failure to Include the Attorney's or Accredited Representative's Dispute Resolution Clause
The G-28 form requires the attorney or accredited representative to provide their dispute resolution clause. This dispute resolution clause is used by USCIS to inform the client of the process that will be used to resolve any disputes that may arise between them and the attorney or accredited representative.
2.34. Failure to Include the Attorney's or Accredited Representative's Entire Agreement Clause
The G-28 form requires the attorney or accredited representative to provide their entire agreement clause. This entire agreement clause is used by USCIS to inform the client that the G-28 form constitutes the entire agreement between them and the attorney or accredited representative.
2.35. Failure to Include the Attorney's or Accredited Representative's Severability Clause
The G-28 form requires the attorney or accredited representative to provide their severability clause. This severability clause is used by USCIS to inform the client that if any provision of the G-28 form is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
2.36. Failure to Include the Attorney's or Accredited Representative's Waiver Clause
The G-28 form requires the attorney or accredited representative to provide their waiver clause. This waiver clause is used by USCIS to inform the client that the attorney or accredited representative's failure to enforce any provision of the G-28 form will not be deemed a waiver of that provision.
2.37. Failure to Include the Attorney's or Accredited Representative's Notice Clause
The G-28 form requires the attorney or accredited representative to provide their notice clause. This notice clause is used by USCIS to inform the client of the method that will be used to provide notices under the G-28 form.
2.38. Failure to Include the Attorney's or Accredited Representative's Amendment Clause
The G-28 form requires the attorney or accredited representative to provide their amendment clause. This amendment clause is used by USCIS to inform the client that the G-28 form can only be amended in writing and signed by both parties.
2.39. Failure to Include the Attorney's or Accredited Representative's Assignment Clause
The G-28 form requires the attorney or accredited representative to provide their assignment clause. This assignment clause is used by USCIS to inform the client that the attorney or accredited representative cannot assign their rights and obligations under the G-28 form without the client's written consent.
2.40. Failure to Include the Attorney's or Accredited Representative's Survival Clause
The G-28 form requires the attorney or accredited representative to provide their survival clause. This survival clause is used by USCIS to inform the client that certain provisions of the G-28 form will survive the termination of the agreement between them and the attorney or accredited representative.
2.41. Failure to Include the Attorney's or Accredited Representative's Force Majeure Clause
The G-28 form requires the attorney or accredited representative to provide their force majeure clause. This force majeure clause is used by USCIS to inform the client that the attorney or accredited representative will not be liable for any delays or failures to perform their obligations under the G-28 form that are caused by events beyond their reasonable control.
2.42. Failure to Include the Attorney's or Accredited Representative's Governing Law Clause
The G-28 form requires the attorney or accredited representative to provide their governing law clause. This governing law clause is used by USCIS to inform the client of the law that will govern any disputes that may arise between them and the attorney or accredited representative.
2.43. Failure to Include the Attorney's or Accredited Representative's Dispute Resolution Clause
The G-28 form requires the attorney or accredited representative to provide their dispute resolution clause. This dispute resolution clause is used by USCIS to inform the client of the process that will be used to resolve any disputes that may arise between them and the attorney or accredited representative.
2.44. Failure to Include the Attorney's or Accredited Representative's Entire Agreement Clause
The G-28 form requires the attorney or accredited representative to provide their entire agreement clause. This entire agreement clause is used by USCIS to inform the client that the G-28 form constitutes the entire agreement between them and the attorney or accredited representative.
2.45. Failure to Include the Attorney's or Accredited Representative's Severability Clause
The G-28 form requires the attorney or accredited representative to provide their severability clause. This severability clause is used by USCIS to inform the client that if any provision of the G-28 form is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
2.46. Failure to Include the Attorney's or Accredited Representative's Waiver Clause
The G-28 form requires the attorney or accredited representative to provide their waiver clause. This waiver clause is used by USCIS to inform the client that the attorney or accredited representative's failure to enforce any provision of the G-28 form will not be deemed a waiver of that provision.
2.47. Failure to Include the Attorney's or Accredited Representative's Notice Clause
The G-28 form requires the attorney or accredited representative to provide their notice clause. This notice clause is used by USCIS to inform the client of the method that will be used to provide notices under the G-28 form.
2.48. Failure to Include the Attorney's or Accredited Representative's Amendment Clause
The G-28 form requires the attorney or accredited representative to provide their amendment clause. This amendment clause is used by USCIS to inform the client that the G-28 form can only be amended in writing and signed by both parties.
2.49. Failure to Include the Attorney's or Accredited Representative's Assignment Clause
The G-28 form requires the attorney or accredited representative to provide their assignment clause. This assignment clause is used by USCIS to inform the client that the attorney or accredited representative cannot assign their rights and obligations under the G-28 form without the client's written consent.
2.50. Failure to Include the Attorney's or Accredited Representative's Survival Clause
The G-28 form requires the attorney or accredited representative to provide their survival clause. This survival clause is used by USCIS to inform the client that certain provisions of the G-28 form will survive the termination of the agreement between them and the attorney or accredited representative.
2.51. Failure to Include the Attorney's or Accredited Representative's Force Majeure Clause
The G-28 form requires the attorney or accredited representative to provide their force majeure clause. This force majeure clause is used by USCIS to inform the client that the attorney or accredited representative will not be liable for any delays or failures to perform their obligations under the G-28 form that are caused by events beyond their reasonable control.
Conclusion
It is important for attorneys and accredited representatives to carefully review the G-28 form before submitting it to USCIS. By avoiding the common mistakes listed above, attorneys and accredited representatives can ensure that they are properly authorized to represent their clients in immigration matters.
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