I missed my bio appointment because my re entry stamp in passport is expired and despite my re entry envelope request via US embassy I can not travel to US and appear for my bio appointment. Moreover the re schedule request sent out via regular mail is not received by USCIS. What should mention in my motion to reopen as evidence or persuasive argument?
Initially I must say that your situation would not appear to be too sympathetic to a consular officer or immigration officer. That is because you have already been outside the U. S. for over 2 years and still are trying to obtain a renewed the green card through the filing of the I-90. Such being said, you might be better off trying to file for another I-90 and trying to figure out a way to enter the U. S. to attend the biometrics appointment. If your green card is facially unexpired, you could consider boarding the plane and attempting to explain your situation to a Customs and Border Protection inspector at the port of entry. There is of course the risk that you may be asked to surrender the green card or face the immigration judge in that scenario. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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