# New immigration Law



## chicois8 (Aug 8, 2009)

Hopefully this will be translated soon, no more FMM< FM3 or FM2.......It went into effect today.......


DOF - Diario Oficial de la Federación


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## johnmex (Nov 30, 2010)

I skimmed it...can you please tell us where it says no more FMs? Please....I can't find it.


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## kazslo (Jun 7, 2010)

> Artículo 52. Los extranjeros podrán permanecer en el territorio nacional en las condiciones de estancia de visitante, residente temporal y residente permanente




If I'm reading this right, we now have 3 choices: visitante (new FMM), Residente Temporal for up to 4 years(new FM3), Residente Permanente (new FM2).


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## RVGRINGO (May 16, 2007)

CHAPTER II
STAY OF ALIENS IN THE TERRITORY
Article 52. Foreigners may stay in the country under the conditions of stay of visitors, temporary resident and permanent resident if they meet the requirements of this Act, its Regulations and other relevant legal provisions, in accordance with the following:
I. VISITOR WITHOUT PERMISSION to engage in gainful activity. Authorized to travel abroad or stay in national territory for a continuous period not exceeding one hundred eighty days as from the date of entry without permission to perform activities subject to remuneration in the country.
II. VISITORS PERMITTED to engage in gainful activity. Authorizes an alien that has a job with an invitation by any authority or institution of academic, artistic, sporting or cultural that has received remuneration in the country, or come to engage in remunerated activity under seasonal seasonal interagency agreements concluded with foreign organizations, to stay in national territory for a continuous period not exceeding one hundred eighty days as from the date of entry.


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## RVGRINGO (May 16, 2007)

III. REGIONAL VISITOR. Authorizes the foreign national or resident of the neighboring countries to enter border areas with the right to enter and leave them as many times as they wish, without his stay exceeding three days without permission to receive remuneration in the country.
Through administrative arrangements, the Secretariat will establish the validity of the authorizations and the municipalities and states that form the border regions, for purposes of granting the status of regional visitor's stay.
IV. GUEST WORKER BORDER. Authorizes an alien who is a national of the countries with which the United Mexican States share territorial boundaries, to stay up to one year in the states determined by the Secretariat. The visitor will leave border worker to work in exchange for remuneration in the country, the activity related to the job that counts and right to enter and leave the country as many times as you want.
V. VISITOR FOR HUMANITARIAN REASONS. This condition shall be allowed to stay to foreigners who are in any of the following circumstances:
a) Be offended, victim or witness of a crime committed on national territory.
For purposes of this Act, notwithstanding any other provisions of applicable law, be considered the victim or victim who is the taxpayer of the criminal conduct, whether they are identified, apprehended, prosecuted or convicted and regardless family relationship between the perpetrator and the victim.
To the victim, victim or witness of a crime who is authorized on condition Visitor stay on humanitarian grounds will be allowed to stay in the country until the end of the process, after which they must leave the country or apply for a new condition of stay, with the right to enter and leave the country as many times as you like and with permission to work in exchange for remuneration in the country. You can then request the status of permanent resident stay;
b) Be a child or adolescent unaccompanied, in terms of Article 74 of this Act
c) Be applying for political asylum, the recognition of refugee status or complementary protection of the Mexican State, even while not resolved their immigration status. If the request is positive will be granted the status of permanent resident stay in terms of Article 54 of this Act

Also, the Secretary may authorize the status of visitor stay for humanitarian reasons, aliens who do not score at previous cases where there is a humanitarian cause or public interest which requires your placement or adjustment in the country, in which case it will with permission to work in exchange for payment.


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## RVGRINGO (May 16, 2007)

VI. VISITOR PURPOSES OF ADOPTION. Authorizes abroad connected with the adoption process in the United Mexican States, to stay in the country pending a final decision, and if executed, is entered in the civil register the new certificate of the child or adolescent adopted and the passport is issued and with all the necessary steps to ensure the departure of the child or adolescent in the country. The issuance of this authorization shall only against citizens of countries with which Mexico has entered into any agreement on the matter.
VII. TEMPORARY RESIDENT. Authorizes the alien to remain in the country for no longer than four years with the possibility of obtaining a permit to work in exchange for remuneration in the country, subject to a job with the right to enter and leave the country many times as you want and the right to preserve the family unit so you can enter with or subsequently request the placement of the persons listed below who will reside regularly in the national territory for the duration of the resident permit Timeframe:
a) Children of temporary residents and children of the spouse, concubine or mistress, provided they are children and adolescents and not married, or under its custody or guardianship;
b) Spouse;
c) concubine, concubine or equivalent figure, proving that status under the assumptions noted Mexican law, and
d) Parent of a temporary resident.
The persons referred to in the preceding paragraphs will be allowed to stay legally in the country under the condition of stay of temporary resident, with the possibility of obtaining a permit to work in exchange for remuneration in the country subject to a job, and entitled to enter and leave the country many times as you wish.
In the event that a temporary resident count on a job, you are given permission to work in exchange for remuneration in the country, the activity related to that job.
Foreigners who are granted the status of temporary residents stay may submit their property, in the form and terms stipulated by the legislation.
VIII. TEMPORARY RESIDENT STUDENT. Authorizes the alien to remain in the country for the duration of the courses, studies, research or training projects stating that will take place in educational institutions belonging to the national educational system, to obtain a certificate, record, certificate, diploma or relevant degree, with the right to enter and leave the country as often as desired, with permission to engage in gainful activity in the case of college-level, graduate and research.
A residence permit for students is subject to the submission by the alien from the letter of invitation or acceptance from the educational institution concerned and shall be renewed annually, for which the foreign credit that the conditions required for the issuance of initial authorization. Permission to engage in gainful activity is granted by the Institute where there is compliance letter from the educational institution concerned and shall be subject to a job offer in activities related to the subject of their studies. The temporary resident student is entitled to enter and leave the country as many times as you want, and will also have the right to preserve the family unit, so you can enter with or subsequently request the entry of persons identified in the preceding section.


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## RVGRINGO (May 16, 2007)

VI. VISITOR PURPOSES OF ADOPTION. Authorizes abroad connected with the adoption process in the United Mexican States, to stay in the country pending a final decision, and if executed, is entered in the civil register the new certificate of the child or adolescent adopted and the passport is issued and with all the necessary steps to ensure the departure of the child or adolescent in the country. The issuance of this authorization shall only against citizens of countries with which Mexico has entered into any agreement on the matter.
VII. TEMPORARY RESIDENT. Authorizes the alien to remain in the country for no longer than four years with the possibility of obtaining a permit to work in exchange for remuneration in the country, subject to a job with the right to enter and leave the country many times as you want and the right to preserve the family unit so you can enter with or subsequently request the placement of the persons listed below who will reside regularly in the national territory for the duration of the resident permit Timeframe:
a) Children of temporary residents and children of the spouse, concubine or mistress, provided they are children and adolescents and not married, or under its custody or guardianship;
b) Spouse;
c) concubine, concubine or equivalent figure, proving that status under the assumptions noted Mexican law, and
d) Parent of a temporary resident.
The persons referred to in the preceding paragraphs will be allowed to stay legally in the country under the condition of stay of temporary resident, with the possibility of obtaining a permit to work in exchange for remuneration in the country subject to a job, and entitled to enter and leave the country many times as you wish.
In the event that a temporary resident count on a job, you are given permission to work in exchange for remuneration in the country, the activity related to that job.
Foreigners who are granted the status of temporary residents stay may submit their property, in the form and terms stipulated by the legislation.
VIII. TEMPORARY RESIDENT STUDENT. Authorizes the alien to remain in the country for the duration of the courses, studies, research or training projects stating that will take place in educational institutions belonging to the national educational system, to obtain a certificate, record, certificate, diploma or relevant degree, with the right to enter and leave the country as often as desired, with permission to engage in gainful activity in the case of college-level, graduate and research.
A residence permit for students is subject to the submission by the alien from the letter of invitation or acceptance from the educational institution concerned and shall be renewed annually, for which the foreign credit that the conditions required for the issuance of initial authorization. Permission to engage in gainful activity is granted by the Institute where there is compliance letter from the educational institution concerned and shall be subject to a job offer in activities related to the subject of their studies. The temporary resident student is entitled to enter and leave the country as many times as you want, and will also have the right to preserve the family unit, so you can enter with or subsequently request the entry of persons identified in the preceding section.

There is more, but these postings should give you the 'gist' of the matter. There is no detail on qualifications by income or other requirements; just the law in general.


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## RVGRINGO (May 16, 2007)

IX. PERMANENT RESIDENT. Authorizes the alien to remain in the country indefinitely, with permission to work in exchange for remuneration in the country.
Article 53. Visitors, except those for humanitarian reasons and those who have links with Mexican or regular resident alien in Mexico, can not change status of residence and will have to leave the country at the end of the period of stay authorized.
Article 54. Be granted permanent resident status abroad to be located in any of the following circumstances:
I. For reasons of political asylum, the recognition of refugee status and subsidiary protection or for the determination of statelessness, subject to compliance with the requirements of this Act, its Regulations and other legal provisions applicable;
II. For the right to preserve family unity in cases covered by Article 55 of this Law;

III. Who are retirees or pensioners who are entitled to a foreign government or international agencies or private companies for services rendered abroad, an income that allows them to live in the country;
IV. By decision of the Institute according to the points system established for that purpose in terms of Article 57 of this Act;
V. For four years have elapsed since the alien has a temporary residence permit;
VI. Have children of Mexican nationality by birth, and
VII. As ascending or descending in a straight line to the second stage of a Mexican by birth.
Foreigners who are granted the status of permanent residents stay will be able to obtain a permit to work in exchange for remuneration in the country subject to a job, and right to enter and leave the country many times wish.
Also, permanent residents may enter their property, in the form and terms stipulated by the legislation.
Issues related to the recognition of refugee status, granting of supplementary protection and statelessness determination shall be governed by the provisions of international treaties and conventions to which it is part of the Mexican state and other applicable laws.
Article 55. Permanent residents are entitled to the preservation of the family unit so they can enter with or subsequently request the entry of the following persons may reside in the same country under the same conditions of stay and with the privileges mentioned in the previous article :
I. Parent of a permanent resident;
II. Spouse, which will be accorded the status of temporary resident stay for two years, after which it may acquire the status of permanent resident stay as long as the marriage exists;
III. Concubine, concubine, or a figure equal to that status will be granted temporary resident's stay for two years, after which it may acquire the status of permanent resident stay, if cohabitation exists;
IV. Children born abroad, where, in accordance with Article 30 of the Constitution are not Mexican;
V. Children of the spouse, concubine or mistress foreigners, provided they are children and adolescents and not married, or under their legal representation and
VI. Brothers, provided they are children and adolescents and not married, or under their legal representation.

There is a lot more, but this should help at this point. The law itself is many more pages, both before and after the sections that I've translated using Google and posted here.


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## HoneyBee23 (May 12, 2011)

Thank you very much for the translation RVGringo. I speak spanish but was having trouble understanding all of that. 

I do have one question maybe someone can answer. As far as the part regarding Article 55 "children of the spouse" does that mean that my husband can request for my daughter (who is not his biological child) to stay in the country with us since we are married?

Or does that mean that I can request that she be able to join me once I get my permanent resident status? I am having a heck of time getting her passport thanks to the stupid rules imposed by the passport agency since her father is in Mexico and I am not able to locate him.


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## chicois8 (Aug 8, 2009)

It appears that the frontera with Guatemala will open like flood gates for refugees from South and Central America....

III
V. VISITOR FOR HUMANITARIAN REASONS.


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## johnmex (Nov 30, 2010)

That gate has been left open for many years...

wink, wink
nudge, nudge


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## kazslo (Jun 7, 2010)

chicois8 said:


> It appears that the frontera with Guatemala will open like flood gates for refugees from South and Central America....
> 
> III
> V. VISITOR FOR HUMANITARIAN REASONS.


I think thats the reason for the law being re-written. It was to weed out a lot of corruption and to afford opportunities to people of all nationalities in addition to helping protect them from human traffickers. I like what I have read so far, and judging the book by its cover I think its a great step for any country.


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## Hound Dog (Jan 18, 2009)

chicois8 said:


> It appears that the frontera with Guatemala will open like flood gates for refugees from South and Central America....
> 
> III
> V. VISITOR FOR HUMANITARIAN REASONS.


I don´t understand your point chicois8. The borders between Chiapas and Central America have been wide-open for years and are a region prone to terrible and ongoing violence, much of it sanctioned by local authorities just as in your Guanajuato paradise and your poclaimed Nayarit beach retreat . 

But, that overlooks the fundamentals. The Chiapas/Guatelama border is overwhelmingly and extremely violent both because of continuous and repulsive violence and because the jungle-clad border is virtually indefensable. 

You are not naive about these matters are you Chicois8? You also do not believe that Bubba is forever to be played the fool. Dawg is stupid but not that stupid. Well maybe that stupid for a while but not forever.


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## RVGRINGO (May 16, 2007)

The law is signed, but interpretation and implementation may take several more months.


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## johnmex (Nov 30, 2010)

I still don't see where it says no more FMs....


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## makaloco (Mar 26, 2009)

FM3 and FM2 referred to the old booklets that were phased out in May 2010 and replaced by the current No Inmigrante, Inmigrante, and Inmigrado cards. Now it appears that they are simply clarifying the residency status of the three categories: No Inmigrante and Inmigrante are temporary, and Inmigrado is permanent. That was pretty much already the case before this new law was passed.


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## RVGRINGO (May 16, 2007)

It is tough to let go of old terminology and habits. I still 'dial' the phone and 'write' letters on the computer, etc.
The new law creates residency cards, 'tarjetas de residencia.' They will probably be very similar to the present visa cards.


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## sandraoaxaca (Oct 9, 2010)

When did these new regulations go into effect? I went to immigration yesterday -- too bad I was a week early -- and the woman who "assisted" me was working from the 2009 regulations. Is there a more recent edition?
We had completed the forms online on the INM Website and had brought our copies with the registered numbers. In addition to this, we are also required to complete the Formato Basico. Isn't this information already part of the form we filled out on line? Also, she said that we had to bring copies of our bank statements, translated into Spanish, for the past three months. I thought that the new rules state that proof of finances is only necessary in the 1st, 3rd and 5th years.
One more thing, someone had told me that we don't have to wait five years to get an FM2. Is that true?


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## RVGRINGO (May 16, 2007)

The new laws won't be implemented immediately. It will require the INM to develop new rules and procedures, which may take many months. In the meantime, the old rules and procedures, instituted in May, 2010, remain in effect.
You may apply for either a no inmigrante or an inmigrante visa directly from the FMM, at present. When the new rules are implemented, there will be no distinction & both will be 'residencia temporal'.


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## TundraGreen (Jul 15, 2010)

sandraoaxaca said:


> One more thing, someone had told me that we don't have to wait five years to get an FM2. Is that true?


You can apply for an FM2 at any time. The five year period often mentioned in connection with an FM2 is the number of years you have to be on an FM2 before you are eligible for a permanent resident status that doesn't need to be renewed every year.


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## sandraoaxaca (Oct 9, 2010)

*Fm2*



TundraGreen said:


> You can apply for an FM2 at any time. The five year period often mentioned in connection with an FM2 is the number of years you have to be on an FM2 before you are eligible for a permanent resident status that doesn't need to be renewed every year.


Tell this to the morons who run immigration in Oaxaca, the most backward, poorest, most ignorant, most corrupt state in the country.


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## Hound Dog (Jan 18, 2009)

sandraoaxaca said:


> Tell this to the morons who run immigration in Oaxaca, the most backward, poorest, most ignorant, most corrupt state in the country.


Well, Sandraoaxaca, that was certainly a most emphatic statement. Since I live in the state of Chiapas, almost universally reputed to be the most backward, poverty stricken, ignorant and corrupt state in Mexico, I would like to know how you opted out that title to your beloved Oaxaca State. I would be pleased to argue that Chiapas is more corrupt and poverty stricken than you folks in Oaxaca if you wish to debate this issue. We are so poor and corrupt in Chiapas we pay taxes with dried recycled used corn cobs.


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## DNP (May 3, 2011)

TundraGreen said:


> You can apply for an FM2 at any time. The five year period often mentioned in connection with an FM2 is the number of years you have to be on an FM2 before you are eligible for a permanent resident status that doesn't need to be renewed every year.


FM2. History! You need a new mind set.


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## sandraoaxaca (Oct 9, 2010)

Hound Dog said:


> Well, Sandraoaxaca, that was certainly a most emphatic statement. Since I live in the state of Chiapas, almost universally reputed to be the most backward, poverty stricken, ignorant and corrupt state in Mexico, I would like to know how you opted out that title to your beloved Oaxaca State. I would be pleased to argue that Chiapas is more corrupt and poverty stricken than you folks in Oaxaca if you wish to debate this issue. We are so poor and corrupt in Chiapas we pay taxes with dried recycled used corn cobs.


Well, Hound Dog, I guess I won't take some of the advice given me that Chiapas is a better place to live than Oaxaca and will stay put. 

However, your message doesn't help with the problem at hand.


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## TundraGreen (Jul 15, 2010)

DNP said:


> FM2. History! You need a new mind set.


I usually use the current term "inmigrante" but I was lazy this time.


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## sandraoaxaca (Oct 9, 2010)

*What are you talking about?*



TundraGreen said:


> I usually use the current term "inmigrante" but I was lazy this time.


All I want is some clarification as to what are the "real rules and regulations" that are in place as regards, going from FM3 to 2, proof of financial stability, and all the necessary documents for completing the renewal of our visas this year.


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## RVGRINGO (May 16, 2007)

You don't have an FM3; you have the new 'no inmigrante credencial,' a card which replaced it the last time you renewed your visa. To change status to an 'inmigrante credencial', you simply go to the INM website (inm.gob.mx/index.php/page/tramites) and start the application process. Save, print and take the forms generated, plus those listed, to your nearest INM office. They'll check them, give you the form for payment at the bank, after which you may return to submit everything. In a few days, you'll have your new visa.
The other option is to wait until the next renewal date, when the new laws will (in several months) eliminate these two visas in favor of a four year 'tarjeta de resedencia', after which, you may apply for inmigrado status.


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## sparks (Jun 17, 2007)

sandraoaxaca said:


> All I want is some clarification as to what are the "real rules and regulations" that are in place as regards, going from FM3 to 2, proof of financial stability, and all the necessary documents for completing the renewal of our visas this year.


There is really noting different between the old FM3 and FM2 except you need to show about twice the income ... and the yearly renewal price is about double.

You either want to head towards immigrating or you just want to live here. Not complicated


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## Mainecoons (Nov 25, 2010)

RVGRINGO said:


> You don't have an FM3; you have the new 'no inmigrante credencial,' a card which replaced it the last time you renewed your visa. To change status to an 'inmigrante credencial', you simply go to the INM website (inm.gob.mx/index.php/page/tramites) and start the application process. Save, print and take the forms generated, plus those listed, to your nearest INM office. They'll check them, give you the form for payment at the bank, after which you may return to submit everything. In a few days, you'll have your new visa.
> The other option is to wait until the next renewal date, when the new laws will (in several months) eliminate these two visas in favor of a four year 'tarjeta de resedencia', after which, you may apply for inmigrado status.


What we're unclear about at this point is whether, if you've already done 4 years on an FM3, you would be able to apply for immigrado, or whether you'll have to start fresh with the 4 year tajeta de resedencia and then go immigrado four years after that. 

This is of major interest to us as we just applied for year four of our FM3 under the old rules. 

Anyone figure that out yet?


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## TundraGreen (Jul 15, 2010)

Mainecoons said:


> What we're unclear about at this point is whether, if you've already done 4 years on an FM3, you would be able to apply for immigrado, or whether you'll have to start fresh with the 4 year tajeta de resedencia and then go immigrado four years after that.
> 
> This is of major interest to us as we just applied for year four of our FM3 under the old rules.
> 
> Anyone figure that out yet?


Under the old rules, as I understood it, time on an FM3 (no inmigrante) did not count towards the five years required to apply for Inmigrado status, only time on an FM2 (inmigrante). I am not clear how they will apply the new rules.


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## nomad18 (Jul 17, 2011)

Is there still a restriction on how long you can be outside of the country for permanent residents? The old FM3 had a limitation of 2 or 3 months.


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## circle110 (Jul 20, 2009)

As the initial law reads, there are no limits for either temporary or permanent resident visas.

However, I'm waiting to see the policies and procedures that INM develops based on the law before I rest easy on that point. I believe that they have 6 months from May 25th to write their new regulations, so it looks like we should know more by late November.


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## FHBOY (Jun 15, 2010)

*Visiting Mexican Consulate*

Folks, I will be visiting the Mexican Consulate in Washington DC around August 18th. If I get any real good answers or materials on "ex-pat" stuff, I'll circulate them via this website.


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## DNP (May 3, 2011)

FHBOY said:


> Folks, I will be visiting the Mexican Consulate in Washington DC around August 18th. If I get any real good answers or materials on "ex-pat" stuff, I'll circulate them via this website.


That will be helpful. Thanks in advance.


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## BajaExPat (May 12, 2009)

*Immigration policy view in Baja*

From a recent meeting with the head of the local immigration office here in Baja...

They expect the new policies to be published around September. _We'll see...._

I understand there are new terms... I am using our common parlance.

If you are in the middle of going from FM3 to FM2, or FM2 to Immigrado, you will not lose any of your time 'in line.' In fact, some of you may go from being in your waiting period, to 'immediately eligible.' _They say... we hope._

We were led to believe the process is becoming easier and more friendly. In Baja, it is easy to ignore the process entirely, _(OMG... illegal immigrants!) _so they are hoping this new 'user friendly' process will bring more into the system.

They readily admitted that while the federal congress has approved changes that he felt most of us would like, it was in the process of being published and allowing time for objections and changes. So what has been approved vs. what will be implemented could be different, and patience is encouraged. Wait if you can.


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