three years ago i overstayed my visa in USA by 13 months, i have new passport can i go back without problem?

Fred is right, of course. The fact that you have a new passport means nothing. The computer will remember who you are and give the airport immigration officer your photo, your fingerprints and data on when you arrived, and when you left the last time. Immigration doesn't need your old passport to know who you are and what you did the last time you were here. You would be able to board a plane for the US, because the airline has no way to know your situation, but you'll never be allowed back in, for the next 7 years anyway. Immigration will simply put you in detention and put you on the next airplane home. All you will get out of it is a long expensive flight to nowhere for no reason.

Definitely not if age 18 and over,You currently have a 10 year immigration bar to re-entry due to having at least 12 months of illegal status. You cannot apply for any immigrant or visit visas until the 10 years are up or if you have an approved non-immigrant visa waiver.

An alien who is admitted for a fixed period of time in the U.S. and then stays 13 months beyond that authorized period of stay is inadmissible to the U.S. for 10 years from the date of the departure. You have another seven years to wait for that inadmissibility charge to go away.

When an alien who enters the U.S. with a nonimmigrant visa and then stays longer than authorized, the visa used to enter the U.S. is automatically void.

UNDER INA 222(g), IF AN ALIEN OVERSTAYS ON A NONIMMIGRANT VISA, THAT VISA IS AUTOMATICALLY VOIDED. IN ADDITION, THE ALIEN MUST APPLY FOR FUTURE NIV'S IN HIS/HER COUNTRY OF NATIONALITY.

So, basically, you go not have a valid visa because you overstayed.

You are inadmissible for 10 years after your departure. On top of that, you may be considered an immigrant not in possession of an immigrant visa in that you abused the visa that you used the last time you entered. As such, you are subject to expedited removal.

If you are ordered removed as an arriving alien, you will be inadmissible under section 212(a)(9)(A)(i) INA.

Do you think you'll have a problem in immigration? I'd say the odds are you will have a huge problem.

I recently read of a woman from Iceland who entered USA to visit. She had overstayed a tourist visa about 10 years earlier, and on this recent visit, she got pulled out of line, interrogated and handcuffed while being questioned for several hours. I beleive she was denied entry and sent back to Iceland.

basically if you overstayed once, the chances are they will expect you to do it again, which is not good.

her blog entry belows tells the FULL story.

dated december 12, 2007

As Fred pointed out, you should wait 7 more years before even applying for a new visa. If you try to re-enter the US or try to apply for a new visa, you'll be permanently banned from entering the US.

Fred is correct in his answer, just because you have a new passport the information is still retained by the US immigration at point of entry/exit.

Tough **** if you're not willing to get a visa... you're going to have to get a visa, unless you don't mind the risk of being turned back and sent home on the first available flight.

Of course you will have a problem. You were illegally in this country for 13 months. I do not see the U. S. of A. letting you in to do it again. Sorry.

FRED IS CORRECT IN HIS POST WITH ONE EXCEPTION. The 10 year ban is waivable with form I-601 but can only be waivable by an immediate realitve (i.e spouse, mother father and so forth)

Come in through Mexico. No problem at all.