QUESTION

Can I leave the country and re enter legally?

Asked on Aug 10th, 2013 on Immigration - Nevada
More details to this question:
Hi I entered the US in 06 on a 3 month tourist visa. I overstayed it and got married the year after but never filed for my papers. Now I wonder if there is any way I can leave the US without them having any record of me and then enter again legally? For example if I leave Puerto Rico by ferry and remove the form in my passport. Then fly back to Scandinavia,  report my passport stolen and apply for a new one. Will I be able to enter the US again then? 
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1 ANSWER

Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
If you are married to a US citizen, your marriage makes the overstay okay, but you should apply for a green card before traveling outside the US.  If you overstayed and then you leave before obtaining a green card, you'll be barred from returning for up to 10 years.
Answered on Aug 13th, 2013 at 4:42 PM

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