Changing lawyers · Cases already under way · Individuals and employers
Yes, you can change immigration lawyers in the middle of a case.
We review immigration cases that are already under way, for individuals, families, and employers. When we can accept the matter, we take it over as the attorneys of record. Before anything else, we look at the deadline and tell you plainly what can be done in the time left.
Changing lawyers does not move a deadline. USCIS cannot give extra time to answer an RFE or NOID, and in immigration court a change of lawyer does not postpone the next hearing. If you have a notice with a date on it, send it today.
The short answer
We can often step into a case mid-stream. The review comes first.
You can change lawyers. USCIS recognizes a new attorney once a properly completed appearance form is filed, and the immigration court and the Board of Immigration Appeals have their own procedures for substituting counsel. Whether we take your case depends on a conflict check, the deadline, and what the record shows.
Applications and petitions
Family, marriage, adjustment, naturalization, and humanitarian filings, including cases with an open RFE or NOID. The new attorney files a Form G-28, and USCIS treats the earlier one as ended.
How the change worksImmigration court and the Board
Removal cases, bond, motions, and appeals. In immigration court the new lawyer asks the judge to approve the substitution, and the current lawyer stays responsible until the judge grants it.
Removal defenseCompany petitions
H-1B, PERM, O-1, and other employer-sponsored cases. The employer is the petitioner, so the company signs the new G-28 for each case it moves.
Business immigrationIf the urgent problem is a Request for Evidence, start with RFE Rescue. For a Notice of Intent to Deny, see NOID responses. This page covers the change of lawyer itself.
When people switch
Most changes of lawyer start with a date that is getting close.
Changing lawyers is your decision, and it is not a judgment about anyone. These are the situations we see most often.
Communication has broken down
Calls or emails are going unanswered, and you cannot confirm what was filed or what comes next. Ask in writing for a status update and a copy of your file, and keep a record of the request.
A deadline is approaching
An RFE, a NOID, a hearing, or a filing window is coming up, and you are not sure the work will be done in time. The date printed on the notice is the date that counts.
A deadline was missed, or a decision arrived
A denial, an order from an immigration judge, or a missed response date starts new, short clocks. A motion may be possible, but the time to file it is limited.
A notario or consultant handled the case
Someone who is not a lawyer prepared or filed papers for you. A lawyer needs to see exactly what was submitted, because errors in the original filing often have to be explained to the agency.
Not ready to switch? A second review of the file is also possible. Make sure everyone agrees on who is responsible for filing, so nothing is sent twice or not at all.
How the change works
Each agency has its own form, and none of them stops the clock.
The new lawyer files a notice of appearance where the case is pending. What happens next depends on whether the case is at USCIS, in immigration court, or before the Board of Immigration Appeals.
| USCIS · individual or family case | USCIS · employer petition | Immigration court | Board of Immigration Appeals | |
|---|---|---|---|---|
| What the new lawyer files | Form G-28, signed by the applicant or petitioner. | Form G-28, signed by the employer as petitioner. The worker, as beneficiary, is not a recognized party to the petition. | Form EOIR-28 with a written or oral motion to substitute counsel, served on the prior lawyer and on DHS. | Form EOIR-27, served on the prior lawyer and on DHS where required. |
| When the change takes effect | When a properly completed G-28 is filed. USCIS recognizes one representative at a time and treats the prior G-28 as ended. | The same: a new G-28 ends the prior representation for that case. | Only when the judge grants the motion. Until then, the prior lawyer remains the lawyer of record and must attend scheduled hearings. | When the Board receives the new EOIR-27. The prior lawyer does not need to file a motion to withdraw. |
| Effect on deadlines | None. Additional time to respond to an RFE or NOID may not be granted. | None. The same RFE and NOID rules apply. | None. A granted substitution is not a continuance, and requests for more time based on a change of lawyer are not favored. | Requests for more time based on a change of lawyer are not favored. |
Sources: 8 C.F.R. §§ 103.2(a)(3), 103.2(b)(8)(iv), 292.4(a), and 1003.17(a)(3); USCIS Policy Manual, Vol. 1, Part D, Ch. 4; EOIR Policy Manual, Part I, Ch. 5.4. Department of Labor steps in a PERM case follow that agency's own process, which we review case by case.
Your file
Ask for the whole file. Bring what you already have.
A takeover is only as good as the record behind it. Ask your current lawyer, in writing, for a complete copy of your file, and do not wait for it to arrive before calling us.
A complete copy
- Everything filed with USCIS, the immigration court, or the Department of Labor, with all exhibits
- Every notice received: receipts, RFEs, NOIDs, hearing notices, and decisions
- Correspondence with the government and any filing or delivery confirmations
- Declarations, translations, and evidence gathered but not yet filed
- Your engagement agreement and a summary of the work done
What we look at first
- Every page of any notice with a deadline, with the envelope or online-account date
- All receipt notices and receipt numbers
- Your own copies of anything that was filed, even if incomplete
- A short timeline: what was filed, when, and by whom
- For employers: open petitions, receipt numbers, and each worker's status and expiration dates
Once we enter an appearance in immigration court on Form EOIR-28, we have access to the record of proceedings while the case is pending. For USCIS cases, receipt notices and your online account often fill gaps while the file is on its way.
If a deadline was missed
A missed date is serious. The next date matters more.
Many missed deadlines can still be addressed, but each remedy has its own short window and its own proof. The first step is finding out exactly what happened and when.
The windows are short. A motion asking USCIS to reopen or reconsider generally must be filed within 30 days of the decision. In immigration court, a motion to reopen generally must be filed within 90 days of the final order, with limited exceptions.
- A USCIS denial after a missed response. A late motion to reopen with USCIS may be excused only if the delay was reasonable and beyond the applicant's or petitioner's control.
- A missed hearing. An order entered in absentia follows its own rules and deadlines. See motions to reopen.
- A lawyer's error. Ineffective assistance of counsel can support a motion in immigration court, but the Board's requirements in Matter of Lozada are strict: a sworn statement about the agreement with the prior lawyer, notice to that lawyer with a chance to respond, and a disciplinary complaint or an explanation of why none was filed. The error must also have likely affected the result.
- A notario or consultant. The Board has held that an ineffective-assistance claim cannot succeed where the person hired was not an attorney and did not claim to be one. Other options may remain; read our notario explainer.
- A judgment call, made with you. Whether a claim about prior counsel is appropriate is something we decide together after reading the full record, and only when the facts support it.
How a takeover works here
Urgency first, then the file, then a written fee.
We do not promise a timeline before we have seen the notice. We tell you what is realistic, and why.
- 01
Send the notice and the date
Start with whatever has a deadline: an RFE, a NOID, a hearing notice, or a decision. We read the date first.
- 02
Conflict check and file review
We confirm we can take the matter, then read what was filed and what the government has said.
- 03
An honest answer on timing
We tell you what can be done before the deadline, what cannot, and what the options are if the time left is too short.
- 04
Written scope and flat fee
If we can help, the engagement agreement sets out the work, the flat fee, and what is separate. Payment plans are available.
- 05
Appearance forms and the handoff
We file the G-28, EOIR-28, or EOIR-27 the case needs and notify the prior lawyer where the rules call for it.
- 06
Work back from the deadline
The response, motion, or hearing preparation is planned from the due date, with room for delivery.
Private starting point
Three questions about the case you want to move.
Your answers stay in this browser. Nothing is sent to us or saved.
Official sources
Where the rules on changing lawyers come from.
Read these alongside your own notices. The notice controls your deadline.
Questions
What people ask before they change lawyers.
Short answers. Your notices and your file decide the details.
Can I change immigration lawyers in the middle of my case?
Yes. At USCIS you can change representatives at any time; the new attorney files a Form G-28, and USCIS treats the earlier one as ended. In immigration court, the new lawyer files a motion to substitute counsel with Form EOIR-28, and the change takes effect when the judge grants it.
Will you take over a case with an RFE or NOID deadline coming up?
Often, yes, after a review. We look at the date, the notice, and what was filed, and tell you honestly whether a complete response can be prepared in the time left. The response itself is covered on RFE Rescue and NOID responses.
Does changing lawyers give me more time?
No. USCIS may not grant additional time to respond to an RFE or NOID. In immigration court, a granted substitution is not a continuance, and requests for more time based on a change of lawyer are not favored.
Do I have to tell my current lawyer?
In immigration court, the motion to substitute should show that the prior lawyer was notified, and a copy is served on that lawyer. At USCIS, a new G-28 ends the earlier representation. Either way, a short, respectful written notice and a request for your file is the practical first step.
How do I get my file from my current lawyer?
Ask in writing for a complete copy of everything filed and received, and keep a copy of your request. If it takes time to arrive, we can usually begin from the notice and your own copies. In immigration court, once we file an EOIR-28 we have access to the record of proceedings.
A deadline in my case was missed. What can I do?
Act quickly, because the remedies have short windows. Depending on the case, that may be a motion to reopen or reconsider. If a lawyer's error caused the problem, an ineffective-assistance claim may be possible, but it has strict requirements. See motions to reopen.
A notario handled my case. Can you take it over?
We can review it. Bring copies of everything filed and every receipt. The Board has held that an ineffective-assistance claim cannot succeed where the person hired was not an attorney and did not claim to be one, so the options are often different.
We are an employer. Can we move our H-1B, PERM, or O-1 work to you?
Yes, after a conflict check and a review. The employer is the petitioner and signs the new G-28 for each USCIS case. We start with a list of open matters, receipt numbers, and each worker's key dates. See employment-based immigration, business immigration, and O-1 visas.
How quickly can you start, and what will it cost?
It depends on the deadline and the file. For USCIS notices, once we have the complete notice and basic case information, we aim to give a written scope and flat-fee quote within one business day. The fee is set in writing before work begins, and payment plans are available.
Can you help if I live outside Pennsylvania?
Often, for USCIS matters, which are federal and can usually be handled remotely. For immigration court cases, it depends on the court; we appear before immigration courts across the region.
Changing immigration lawyers at a glance
- Who we help
- Individuals, families, and employers with immigration cases already under way.
- At USCIS
- A new Form G-28; USCIS recognizes one representative at a time.
- In immigration court
- A motion to substitute counsel with Form EOIR-28; effective when the judge grants it.
- Deadlines
- Not extended by a change of lawyer.
- Languages
- English and Spanish.
- Fees
- Flat fee quoted in writing after review; payment plans available.
- Office
- 609 W. Hamilton Street, No. 102, Allentown, PA 18101 · (484) 763-4984
Information reviewed against official sources, including 8 C.F.R. §§ 103.2, 103.5, 292.4, and 1003.17, the USCIS Policy Manual, and the EOIR Policy Manual, on October 8, 2026. General information, not legal advice; it does not calculate a deadline, evaluate any lawyer's work, predict a decision, or create an attorney-client relationship. Representation begins only after the firm accepts the matter in a signed engagement agreement.
Reviewed and updated
The notice · The date · The file
Send the latest notice and what you have. We will tell you whether we can take the case, and what it will cost.
Start with every page of any notice that has a deadline, your receipt notices, and copies of what was filed. Employers: a list of open cases and each worker's key dates.
English and Spanish · Allentown · Pennsylvania · New Jersey · New York · Representation where permitted