Can the spouse of an American citizen leave the country after applying for a green card?

You can leave the country, but you must apply for a re-entry permit.

The legal term for applying for a green card is "adjusting one's identity in China", which is different from changing one's identity. The former refers to changing from non-immigrant status to permanent resident status, while the latter refers to changing from one non-immigrant status to another.

According to the US immigration law, if you want to adjust your status in China, you must first meet the following conditions:

1. The applicant must be in the United States.

Applicants must be in the United States to apply for a green card. Although there is no need to provide evidence of the person in the United States when applying, relevant evidence, such as I-94 form, passport and visa copy, should be kept for immigration verification. Because people can only apply for a green card in the United States, separated couples generally cannot apply at the same time. For example, the husband works in the United States and applies for a green card through professional immigration, while the wife still lives outside the United States. A wife cannot apply at the same time as her husband. In this case, the husband should apply for the so-called I-824 immediately after obtaining the green card, that is, ask the relevant immigration department that approved his green card to inform the American overseas consulate to allow his wife to reunite with her husband as a green card. If the husband applies for a green card to the regional center of the US Immigration Service, the center will directly approve his green card, and the husband should immediately send the application to I-824. If the center transfers its green card application to the local immigration office, the husband should apply for I-824 immediately during the interview, which can save a lot of time.

It should be noted that the husband and wife get married first, and the husband gets a green card later. In this case, the wife doesn't have to wait a long time to apply for a green card according to the so-called timetable. From the legal procedure, if the husband gets married after getting a green card and puts forward the so-called second priority application for relative immigration, it will take a long time, but he gets a green card after getting married and applies for husband and wife reunion, so there is no need to schedule it. Therefore, after getting a green card in the United States, if you apply for a green card for your spouse, you must not apply for I- 130, but I-824.

The above provisions also apply to unmarried children under the age of 2 1 who are overseas.

2. Applicants must legally enter the country and maintain their legal status.

Generally speaking, to apply for a green card in the United States, the applicant must enter the country with a legal visa and maintain his legal non-immigrant status during his stay.

The situations that affect legal non-immigrant status are usually overstaying and illegal work. F- 1 students who fail to attend full-time courses are deemed to have lost their school status. H- 1 Holders of work visas will also be regarded as overstaying if they lose their jobs or can't get enough wages. In this case, it is impossible to apply for a green card in the form of professional immigrants or relatives immigrants. You can only leave the United States and apply for an immigrant visa at an overseas consulate. However, it should be noted that applicants who overstay for more than 180 days may not re-enter the United States within three years after leaving the United States; Those who overstay for more than one year are not allowed to enter the country within ten years.

The above provisions do not apply to the immediate family members of American citizens, that is, their parents, spouses and unmarried children under 2 1 year old. For these people, as long as they enter the country legally, they can still apply for a green card in the United States even if they fail to maintain their legal status or have worked illegally. Just don't leave the United States while waiting for the green card, even if you apply for the so-called "departure card", don't leave the country rashly. Because once you leave the country, you may be restricted from entering the country for three or ten years. In addition, if you meet the protection of the so-called 245I law, you can still apply for a green card in the United States even if you enter the country illegally, overstay or work illegally.

3. Other restrictions on applying for a green card in the United States

First of all, immigrants can only apply for a green card if they have a quota. In terms of professional immigration, there are quotas for various priorities at present. Applicants can apply for a green card immediately after the work permit is approved. However, the arrangement of relatives' immigration is progressing slowly, and they can only apply after the arrangement expires.