Switching Immigration Lawyers in the Middle of a Case

Introduction

A man learns that his request for evidence has a response date only days away, and his lawyer has not called back in weeks. He is not sure whether he is allowed to hire someone else now, or whether that would make things worse.

People ask this in every kind of case. Some want to change immigration lawyer because of silence. Others found out about a missed filing, or simply want a second opinion before the next step.

This page explains how a new immigration lawyer for my case takes over, what the official forms do, and why deadlines matter during the handoff. It also explains the Matter of Lozada rules, and it says plainly what the firm does and does not do. For a wider view of delays and options, read the firm's immigration lawyer guide to visas, delays and options.

Why People Switch Lawyers Mid-Case

There is no single reason. A lawyer may be slow to answer, may have stopped updating you, or may have told you something that does not match your notices. You may also have moved, changed jobs, or need a different kind of help than the first lawyer offers.

Some people want to switch immigration lawyer after a bad surprise. A deadline passed, a form was rejected, or a hearing notice never reached them. Others are not unhappy at all. Their case has simply grown, for example from a family petition into a court case.

You are generally free to choose your representative. For immigration court, the regulation at 8 C.F.R. § 1003.16(b) says a person may be represented by an attorney or other representative of his or her choice, at no expense to the government. A switch is a normal step, and it does not by itself hurt a case.

What matters is the order of events. Gather your dates first, then hire, then let the new lawyer file the right forms. Dropping one lawyer before anyone else can act is the riskiest path.

How a Transfer Works: Forms G-28 and EOIR-28

Each agency has its own appearance form. A new lawyer must file the one that fits where your case is, and sometimes both.

With USCIS: Form G-28

USCIS says an attorney or accredited representative must submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, to establish eligibility to represent a client in an immigration matter before USCIS.

The regulation at 8 C.F.R. § 292.4(a) adds that the form must be properly completed and signed by the petitioner, applicant or respondent. It says substitution may be permitted upon the written withdrawal of the lawyer of record, or upon the filing of a new form by a new lawyer.

The same rule says an appearance is recognized until the matter ends. It also says a new form must be filed with an appeal to the USCIS Administrative Appeals Office. So a new lawyer may need to file a fresh G-28 more than once as your case moves.

In immigration court: Form EOIR-28

The rules are different in court. Under 8 C.F.R. § 1003.17(a), a practitioner must enter an appearance before an immigration court using Form EOIR-28 to become the practitioner of record. The form must be filed with the court, and a copy served on DHS.

The regulation says the practitioner must file the EOIR-28 even if a G-28 was already filed with DHS. The practitioner of record is authorized and required to appear for you, file documents for you and accept service of documents.

On the question of switching, the regulation is direct. A practitioner who filed an EOIR-28 remains the practitioner of record unless an immigration judge permits withdrawal or substitution upon an oral or written motion submitted without fee. In plain terms, your old lawyer stays on the case until the judge allows the change.

The EOIR forms page lists Form EOIR-28 as the Notice of Entry of Appearance before the Immigration Court. It lists Form EOIR-27 as the notice of appearance before the Board of Immigration Appeals. Check that page for the current edition of each form before anyone files.

In our experience, the step that gets missed most often is the court side. People tell USCIS about the new lawyer and assume the judge knows too. A separate filing in court is what makes the change official there.

Deadlines Keep Running While You Switch

Changing lawyers does not pause any clock. Response dates, filing dates and appeal dates keep running while the file moves from one office to another.

For USCIS, a request for evidence or notice of intent to deny will indicate the deadline for response, according to 8 C.F.R. § 103.2(b)(8). That date is on your notice. The new lawyer cannot answer a notice that nobody has seen, so bring a copy as soon as you hire.

For immigration court, appeals have their own rules. Under 8 C.F.R. § 1003.38, the appeal deadline for a judge's decision is counted from the date of an oral decision, or from the mailing or electronic notification of a written one. Some of these deadlines are short, so read the notice the day you get it.

Hearing dates also continue. A new lawyer must still appear, or ask the court for time through the proper motion. Do not assume a date will move just because you changed counsel.

If a deadline is close, say so in your first call. Tell the new lawyer the exact date and which agency set it. Do not wait for the file transfer before you share the notices you already hold.

How to Request Your File

Your old lawyer should be willing to return your documents on request, and a written request is a clear way to ask. Ask for copies of everything filed and everything received, including receipt notices, approval notices and any decisions. Keep a copy of your request.

You can also request records from the agencies. USCIS states that, effective January 22, 2026, requests for USCIS records under the Freedom of Information Act and the Privacy Act should be submitted online at first.uscis.gov after creating a USCIS account. USCIS says it can respond faster to requests for specific documents than to requests for an entire file.

For a case in immigration court, EOIR says it provides a service, outside of the FOIA process, for respondents and their representatives of record to request a copy of the official record of proceeding. Requests may be made to the immigration court or the Board of Immigration Appeals in person, by mail or by email.

Filing an EOIR-28 also matters here. The regulation says it gives the practitioner access to the record of proceedings during the course of proceedings. For USCIS records, 8 C.F.R. § 292.4(b) says a party and his or her representative may examine the record of proceeding under 6 C.F.R. part 5.

Do not wait for the full file before you hire. The new lawyer can start with the notices you already have, then add records as they arrive.

When a Past Lawyer's Mistake Matters: Matter of Lozada

Sometimes the problem is bigger than slow service. A missed deadline or a serious error by a past lawyer may have changed the outcome of your case. The Board of Immigration Appeals set out how such a claim must be raised in Matter of Lozada, 19 I&N Dec. 637 (BIA 1988).

The Board restated those requirements in Matter of Rivera, 21 I&N Dec. 599 (BIA 1996), which is posted on the EOIR website. It says claims alleging ineffective assistance of counsel require three things.

• That the motion to reopen be supported by an affidavit of the allegedly aggrieved respondent setting forth in detail the agreement that was entered into with counsel with respect to the actions to be taken and what representations counsel did or did not make to the respondent in this regard.
• That counsel whose integrity or competence is being impugned be informed of the allegations leveled against him or her and be given an opportunity to respond.
• That the motion reflect whether a complaint has been filed with appropriate disciplinary authorities with respect to any violation of counsel's ethical or legal responsibilities, and if not, why not.

Those requirements come in addition to the general rule for motions to reopen. Under 8 C.F.R. § 1003.2(c)(1), a motion to reopen must state the new facts to be proven and be supported by affidavits or other evidentiary material.

A Lozada motion is a serious filing. It needs details, dates and a careful account of what the old lawyer agreed to do. It also names another lawyer in a formal way, which is why the second step requires notice and a chance to respond.

Whether a Lozada motion fits your case depends on your facts, your forum and your dates. The firm's own article on Matter of Lozada gives more background. A new lawyer can review your file and tell you whether it applies, or whether another path is better.

What the Firm Does Not Do: Malpractice Lawsuits

Many people who search for immigration lawyer malpractice help want to sue a former lawyer for money. Vasquez Law Firm does not file legal-malpractice lawsuits against other lawyers. The firm will not represent you in that kind of claim.

That is a separate kind of case, and it is outside the work the firm takes. If you want to explore it, speak with a lawyer who handles those claims. Ask early, because a claim like that may have its own time limits.

The firm can help with the immigration side. That means reviewing your file, filing the correct appearance forms, working on the pending deadlines and, when it fits, discussing whether a Lozada motion is an option. Fixing the immigration case and suing a past lawyer are two different jobs.

Keep this in mind as you gather records. Papers that show what your old lawyer promised, did and failed to do help with the immigration side, and may also help any other lawyer you consult.

Checklist: What You Need

• Every notice from USCIS or the immigration court, including receipt notices, requests for evidence and hearing notices.
• Any decision, approval, denial or order, with the date you received it.
• Your receipt numbers and, if you have one, your A-number.
• A list of every deadline you know about and which agency set it.
• Copies of anything your old lawyer filed, if you have them.
• Your emails, texts, letters and engagement agreement with the old lawyer.
• Proof of payments you made, such as receipts or bank records.
• A short written timeline of what the old lawyer told you and when.
• Your passport, I-94 record and other identity records.

Timeline and Process

The steps below show a typical order. The exact order depends on whether your case is with USCIS, in court or both. For processing times, check the current USCIS processing times page at egov.uscis.gov and look up the form number on your receipt.

Check the USCIS processing times page for the form on your receipt. The firm does not predict how long any agency will take.

Cost Factors

Costs depend on what is pending, how much work is left and which forum your case is in. Government fees are set by the agency and change, so use the official pages. Ask the firm about its own fees during your consultation.

If you paid your old lawyer for work that was not done, keep the proof. Refund questions are separate from the immigration case, and the firm does not handle claims against other lawyers.

Common Mistakes to Avoid

• Firing the old lawyer before you have copies of your notices and a list of deadlines.
• Assuming that telling USCIS about a new lawyer also tells the immigration court.
• Assuming a deadline or hearing date moves because you changed lawyers.
• Waiting for the full file before you let a new lawyer look at what you already have.
• Throwing away emails, texts and receipts from the old lawyer.
• Signing a new engagement agreement without asking what is covered.
• Filing your own motion about the old lawyer's mistake without understanding the Lozada steps.
• Hiring a person who is not an attorney or accredited representative to appear for you.

When to Contact Vasquez Law Firm

Call when you have a notice with a date on it, when your lawyer has stopped answering, or when you think a past mistake has hurt your case. The sooner a lawyer sees your dates, the more choices you may have.

The firm can review your notices and tell you what is pending. It can file the right appearance forms and, when the case fits, discuss next steps with you. The firm does not file legal-malpractice lawsuits against other lawyers.

You can reach the firm through the contact page. You can also read about the firm's immigration practice and its page on immigration appeals.

About Vasquez Law Firm

Vasquez Law Firm is led by attorney William J. Vásquez. Its offices are at 4426 Louisburg Road, Suite 206, Raleigh, NC 27616, and 612 South Brightleaf Boulevard, Smithfield, NC 27577.

Immigration help is available nationwide by phone and video, so you do not need to live near an office. Consultations are in English and Spanish. A free consultation is available when the case qualifies. Call 1-844-967-3536.

Phones are answered Monday through Friday from 8 a.m. to 7 p.m. and Saturday from 9 a.m. to 2 p.m. Eastern Time.

Frequently Asked Questions

Sources and References

• USCIS: Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
• EOIR: Forms and Fees (Forms EOIR-27 and EOIR-28)
• 8 C.F.R. § 1003.17, Entry of appearance (eCFR)
• 8 C.F.R. § 292.4, Appearances (eCFR)
• 8 C.F.R. § 1003.38, Appeals (eCFR)
• 8 C.F.R. § 103.2, Submission and adjudication of benefit requests (eCFR)
• Matter of Rivera, 21 I&N Dec. 599 (BIA 1996), restating Matter of Lozada, 19 I&N Dec. 637 (BIA 1988) (EOIR)
• USCIS: Request Records through the Freedom of Information Act or Privacy Act
• EOIR: Freedom of Information Act (record of proceeding requests)
• USCIS: Check Case Processing Times
• USCIS: Fee Schedule (Form G-1055)

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