I'd like to go to NY to marry my girlfriend since in puerto rico same sex marriage is not legal. She overstayed her visa, but her colombian passport is valid. Can she travel to US? Can she get caught by a TSA agent and if so what would happen to her? an order of deportation, can we then appeal and go get married?
She she can fly to mainland USA on her still valid Colombian passport. PR being a US "territory", there are no immigration controls upon exiting San Juan airport or landing in La Guardia (or Liberty in NJ or any other domestic US airport, arriving on a direct flight from PR.) It is considered domestic travel.
And as far as TSA agents are concerned, they don't pretend to enforce immigration laws (nor do they understand any of it, or ever want to..) All they care about is to see that each traveler passing their security lines has a valid state issued ID or national passport - yes, "national passport", for TSA agents all over main US airports are accustomed to seeing passengers from all over the world, with many more foreign country passports than one could ever imagine..
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