謝謝8老師,您說的的第一種情況是我沒有想到的。在這種情況下,是屬於原機遣返嗎?
-Yes.
這種情況概率大嗎?
-Probably chance is not big. Because your mother is not young, I do not think she can take the risk even if the chance is small.. That is why I suggest her to abandon the green card and then, apply for B2 visa after the abandonment of green card is approved.
Here is the link about the probabilty of entry denial for a green card holder who overstay outside
US (cited from: Denied Entry To U.S. | Green Card And Visa Entry To U.S. (myorlandoimmigrationlawyer.com)):
Why Might I Be Denied Entry To The U.S.?
There are many reasons why green card holder or visa holders may be denied entry to the U.S. Most typically, they have violated the terms of their green card/visa in some way such as by:
- Not returning to the U.S. within the specified time period
- Committing crimes
- Being found “inadmissible” for a green card. Every time you leave the U.S. and attempt to re-enter grounds of inadmissibility can be applied to you again
- Violating the terms of your visa such as by working when you were not supposed to
Any non-citizen who is re-entering the United States faces the risk of a customs officer denying entry. Customs officials do have the power to deny entry and they will look for reasons to deny entry. They are trained to be skeptical and suspicious. Even if your intentions are true and valid, if the officer discovers a problem or discrepancy, thinks you are lying, or believes you to be a security risk he or she can legally deny you entry.