USCIS issued policy guidance in the USCIS Policy Manual regarding attorneys and representatives, consolidating and updating guidance that was previously contained in the Adjudicator’s Field Manual (AFM). The updated guidance affects five key chapters covering representation, eligibility standards, professional conduct, and misconduct reporting—changes that practitioners must understand to maintain compliance with USCIS requirements.
What changed
USCIS consolidated and updated guidance on attorneys and representatives previously in the AFM across five chapters: Purpose and Background (D.1), Representation (D.2), Other Representatives (D.3), Establishing and Changing Representation (D.4), and Professional Conduct and Reporting Misconduct (D.5).
The consolidation moves all attorney and representative authority, eligibility, and conduct rules into the Policy Manual. This includes standards for who may represent a beneficiary before USCIS (licensed attorneys, accredited representatives, law students, and law graduates under supervision), how representation is established and terminated, and what professional and ethical standards apply.
USCIS is updating and incorporating relevant AFM content into the USCIS Policy Manual, with remaining AFM content moved to PDF format until incorporation is complete. The updated Policy Manual information prevails over remaining AFM content or Policy Memoranda to the extent of conflict.
Why it matters
This consolidation centralizes practitioner guidance in one authoritative source—the USCIS Policy Manual—rather than scattered across older AFM chapters. For your practice, this means:
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Clearer authority boundaries: The updated guidance clarifies who may represent beneficiaries before USCIS, under what conditions, and with what restrictions. Law students and graduates now have consolidated rules on supervision and in-person appearance.
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Professional conduct standards: Chapter 5 covers Professional Conduct and Reporting Misconduct, establishing the expected ethical standards for attorneys and representatives and the mechanism for filing complaints with USCIS Disciplinary Counsel.
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Form G-28 and representation changes: The guidance updates rules for filing, maintaining, and withdrawing the Notice of Entry of Appearance as Attorney (Form G-28), a form used for nearly every represented case.
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Consistency and deference: Going forward, adjudicators will apply uniform Policy Manual standards rather than inconsistently applying older AFM guidance or supplementary memos.
Way forward
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Review the full guidance: Visit https://www.uscis.gov/policy-manual/volume-1-part-d and read each chapter (D.1–D.5) to understand the complete scope of representation rules, eligibility, and professional conduct expectations.
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Audit your representation practices: Confirm that your office’s procedures for filing Form G-28, maintaining attorney-client communication, and managing case representation align with the updated Policy Manual standards.
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Check for AFM carry-overs: If your office still references the AFM for attorney guidance, migrate references to the Policy Manual. Per the guidance, the Policy Manual now prevails.
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Train staff on professional conduct: Ensure your team understands Chapter 5 standards on professional conduct and knows how to respond to any USCIS inquiries about representation practices or conduct.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola Form is a software company, not a law firm. Immigration policy can change without notice. Always verify current requirements against the official USCIS Policy Manual at https://www.uscis.gov/policy-manual and consult a licensed immigration attorney before making filing or representation decisions.