如果海關不讓進,肯定可以上庭。但是贏的可能性不大。

離境超過一年回美國時,綠卡不算被接受的入境證件之一(8 CFR 211.1(a)(2),https://www.ecfr.gov/current/title-8/part-211/section-211.1#p-211.1(a)(2)),但是沒有被接受的入境證件這個問題,海關是有能力豁免的,如果他們認為你沒有放棄居住。

8 CFR 211.1(b)(3),https://www.ecfr.gov/current/title-8/part-211/section-211.1#p-211.1(b)(3):

(3) If an immigrant alien returning to an unrelinquished lawful permanent residence in the United States after a temporary absence abroad believes that good cause exists for his or her failure to present an unexpired immigrant visa, permanent resident card, or reentry permit, the alien may file an application for a waiver of this requirement with the DHS officer with jurisdiction over the port of entry where the alien arrives. To apply for this waiver, the alien must file the designated form with the fee prescribed in 8 CFR 106.2. If the alien's permanent resident card was lost or stolen and the alien has been absent for less than one year, rather than the waiver application the alien must apply for a replacement card as described in 8 CFR 264.5. In the exercise of discretion, the DHS officer who has jurisdiction over the port of entry where the alien arrives may waive the alien's lack of an immigrant visa, permanent resident card, or reentry permit and admit the alien as a returning resident if DHS is satisfied that the alien has established good cause for the alien's failure to present an immigrant visa, permanent resident card, or reentry permit. Filing a request to replace a lost or stolen card will serve as both application for replacement and as application for waiver of passport and visa, without the obligation to file a separate waiver application.

8 CFR 211.4,https://www.ecfr.gov/current/title-8/part-211/section-211.4:

(a) Pursuant to the authority contained in section 211(b) of the Act, an alien previously lawfully admitted to the United States for permanent residence who, upon return from a temporary absence was inadmissible because of failure to have or to present a valid passport, immigrant visa, reentry permit, border crossing card, or other document required at the time of entry, may be granted a waiver of such requirement in the discretion of the district director if the district director determines that such alien:
(1) Was not otherwise inadmissible at the time of entry, or having been otherwise inadmissible at the time of entry is with respect thereto qualified for an exemption from deportability under section 237(a)(1)(H) of the Act; and
(2) Is not otherwise subject to removal.
(b) Denial of a waiver by the district director is not appealable but shall be without prejudice to renewal of an application and reconsideration in proceedings before the immigration judge.

有過綠卡,但是沒有在移民法庭被驅逐出境過,是應該不能用expedited removal趕走的。如果他們不給豁免,而且你不自願放棄綠卡或自願離開,應該是要讓你上移民法庭,通過正常驅逐出境程序才能趕你走。

8 CFR 235.3(b)(5)(i)和(ii),https://www.ecfr.gov/current/title-8/part-235/section-235.3#p-235.3(b)(5):

(5) Claim to lawful permanent resident, refugee, or asylee status or U.S. citizenship —

(i) Verification of status.  If an applicant for admission who is subject to expedited removal pursuant to section 235(b)(1) of the Act claims to have been lawfully admitted for permanent residence, admitted as a refugee under section 207 of the Act, granted asylum under section 208 of the Act, or claims to be a U.S. citizen, the immigration officer shall attempt to verify the alien's claim. [...]

(ii) Verified lawful permanent residents.  If the claim to lawful permanent resident status is verified, and such status has not been terminated in exclusion, deportation, or removal proceedings, the examining immigration officer shall not order the alien removed pursuant to section 235(b)(1) of the Act. The examining immigration officer will determine in accordance with section 101(a)(13)(C) of the Act whether the alien is considered to be making an application for admission. If the alien is determined to be seeking admission and the alien is otherwise admissible, except that he or she is not in possession of the required documentation, a discretionary waiver of documentary requirements may be considered in accordance with section 211(b) of the Act and § 211.1(b)(3) of this chapter or the alien's inspection may be deferred to an onward office for presentation of the required documents. If the alien appears to be inadmissible, the immigration officer may initiate removal proceedings against the alien under section 240 of the Act.

8 CFR 211.4(a)
8 CFR 211.4(a)

所有跟帖: 

謝謝newacct! 再請教一個問題:假如上移民法庭時我媽媽是屬於什麽狀態,綠卡還是out of Status? -snowbupt- 給 snowbupt 發送悄悄話 (497 bytes) () 09/28/2024 postreply 08:13:50

應該是等待上庭狀態 -newacct- 給 newacct 發送悄悄話 (443 bytes) () 09/28/2024 postreply 10:21:43

謝謝newacct!剛才發悄悄話給您了,您能看一下嗎? 謝謝! -snowbupt- 給 snowbupt 發送悄悄話 (82 bytes) () 10/01/2024 postreply 08:18:07

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