Ask a lawyer:
What are the most common mistakes to avoid when drafting a G-28 notice of entry of appearance as an attorney or accredited representative?
M-Wakili's Response
The G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, is a crucial document in immigration proceedings in Kenya. It allows an attorney or accredited representative to represent an individual in their immigration matters. However, it is essential to avoid common mistakes when drafting this form to ensure smooth processing and avoid delays or complications.
1. Providing Accurate Contact Information
One of the most common mistakes is providing inaccurate contact information for the attorney or accredited representative. This can lead to delays in communication and the processing of the case.
2. Forgetting to Sign the Form
Another common mistake is forgetting to sign the form. This is a critical step, as it signifies the attorney or accredited representative's authorization to represent the individual.
3. Incorrectly Checking Boxes in Part 4
Part 4 of the G-28 form requires the attorney or accredited representative to check boxes indicating where they want notices and documents to be sent. It is crucial to check these boxes correctly to ensure that all communication is directed to the appropriate party.
4. Failing to Provide a Valid Power of Attorney
The G-28 form requires the attorney or accredited representative to provide a valid power of attorney. This document authorizes the representative to act on behalf of the individual in immigration matters. It is essential to ensure that the power of attorney is properly executed and meets all legal requirements.
5. Not Filing the Form with the Correct Office
The G-28 form must be filed with the correct office. This will depend on the specific immigration matter being handled. For example, if the matter is before the Department of Immigration Services, the form should be filed with that office.
6. Not Filing the Form in a Timely Manner
The G-28 form must be filed in a timely manner. This will depend on the specific immigration matter being handled. For example, if the matter is before the Department of Immigration Services, the form should be filed within a reasonable time after the attorney or accredited representative is retained.
7. Not Filing the Form with the Correct Fee
The G-28 form requires a filing fee. This fee is subject to change, so it is essential to check the current fee before filing the form.
8. Not Filing the Form with the Correct Number of Copies
The G-28 form requires a specific number of copies to be filed. This will depend on the specific immigration matter being handled. For example, if the matter is before the Department of Immigration Services, the form should be filed with two copies.
9. Not Filing the Form with the Correct Supporting Documents
The G-28 form may require supporting documents to be filed. This will depend on the specific immigration matter being handled. For example, if the matter is before the Department of Immigration Services, the form may require a copy of the attorney or accredited representative's license or accreditation.
10. Not Filing the Form with the Correct Format
The G-28 form must be filed in the correct format. This means that the form must be completed in its entirety, and all information must be accurate and legible.
Case Laws
There are no specific Kenyan case laws directly addressing mistakes in drafting G-28 forms. However, general principles of legal practice and procedural requirements apply.
Source: Kenya Law ↗
TLDR
To avoid common mistakes when drafting a G-28 notice of entry of appearance, ensure accurate contact information, sign the form, check boxes correctly, provide a valid power of attorney, file with the correct office, file timely, pay the correct fee, file the correct number of copies, include supporting documents, and use the correct format.
Conclusion
By avoiding these common mistakes, attorneys and accredited representatives can ensure that their G-28 forms are processed smoothly and efficiently. This will help to avoid delays and complications in immigration proceedings. It is always advisable to consult with an experienced immigration attorney or accredited representative to ensure that the G-28 form is properly completed and filed.
Answered by mwakili.com