# Mexico Immigration Policy



## pablob (Jul 9, 2010)

I am an American expat living in Mexico. Married to a Mexican, I carry a FM2 visa. I have heard conflicting info about time requirements prior to nationalization. For example, that I cannot be out of the country for more than 180 days or 18 months in 5 years, cumulative. Does this time include the 3 years I had an FM3? Also that perhaps I must be in the country for at least 300? days in a given year. I understand that with my FM2, I can apply for citizenship after 2 years. I appreciate responses.


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## RVGRINGO (May 16, 2007)

With an FM2, your 'time out of country' does not include any travel outside of Mexico when you had an FM3. It only counts what is stamped in your FM2 document. Of course, the next time your renew you will get the plastic card and give up the booklet. I guess they'll keep track by computer.
I think you are correct in being able to apply for naturalization after only two years on an FM2, as the spouse of a Mexican. For others, it would be five years.
I hope that helps & welcome to the forum.


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## pablob (Jul 9, 2010)

Thanks for your response. Is there a limit of how much time I can be out of the country during the two years I need to carry an FM2?


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## RVGRINGO (May 16, 2007)

Yes, there is a limit per month or per year and a limit over the entire 5 year period. However, I don't know the details and suggest you look for them on the INM website. I know I read them years ago, but memory isn't that good. 
The good news is that, once you are either 'inmigrado' or naturalized, I don't think there are such tight limits, if any at all.


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## johnmex (Nov 30, 2010)

I am a 40-something working American with two years on my FM2 , married to a Mexican and have 2 kids. I work in GDL at a Mexican company.

My question is: what disadvantages could exsist in naturalization? 

SRE tells me they don't take away US passports and do not report naturalizations to the US government. 

I am lead to believe by what the fine print in my passport says that I would have to go to an American embassy and declare that I wanted the USA to take away my citizenship.

Any input?


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## sparks (Jun 17, 2007)

I can't imagine why you would want to give up US citizenship but suppose it's possible. Certainly not required


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## johnmex (Nov 30, 2010)

I _don't_ want to give it up. 

From what I understand the US State department recognizes dual citizenship. The Justice department does not. In other words, if you become naturalized in another country and get in trouble with the law, you can no longer run to the US embassy for legal help.

Other than that I see no drawbacks.


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## ReefHound (Aug 9, 2010)

That's not a matter of not recognizing your U.S. citizenship but of respecting your Mexican citizenship. I think embassies operate on the principle that they will not interfere with the host country's internal affairs. If you get in trouble in Mexico and you're a Mexican citizen, the U.S. Embassy must respect your Mexican citizenship and not get involved. I think if you were to get in trouble in Italy then the U.S. Embassy would be there for you.

It works the same way in reverse. If a Mexican national gets arrested in the U.S. the police must notify the Mexican consulate and the person has rights to consulate access. But if he has been naturalized as a U.S. citizen that is not the case. Citizenship in any country gives that country the right to treat issues with you as a domestic matter and exclude any foreign consulate involvement.


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## RVGRINGO (May 16, 2007)

ReefHound has hit the nail on the head. If you are a 'dual citizen' of Mexico and the USA, you are treated as a citizen in Mexico and as a US citizen in the USA. For example; in Mexico, you may not own or drive a US vehicle without the owner present in the vehicle. So, it also has to do with everyday things, not just 'the law' or consular services, etc. When you enter Mexico, you must do so on your Mexican passport, not your US passport and visa versa.


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## johnmex (Nov 30, 2010)

Ok, in my case that disadvantage is inconsecuential.

Any other disadvantages?

Advantages:
1. No more FM bullcrap, ever.
2. Vote and be voted, we can skip that one.
3. Own property anywhere in Mexico.
4. Get an IFE for ID! No more need for my US passport at the bank!

Did I miss any?


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## RVGRINGO (May 16, 2007)

Those are great advantages and I see no real disadvantages. We were poised to do it several years ago, then they changed the policy on us. So, we still put up with the disadvantages.


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## Hound Dog (Jan 18, 2009)

_


pablob said:



I am an American expat living in Mexico. Married to a Mexican, I carry a FM2 visa. I have heard conflicting info about time requirements prior to nationalization. For example, that I cannot be out of the country for more than 180 days or 18 months in 5 years, cumulative. Does this time include the 3 years I had an FM3? Also that perhaps I must be in the country for at least 300? days in a given year. I understand that with my FM2, I can apply for citizenship after 2 years. I appreciate responses.

Click to expand...

_A couple of points about immigration to Mexico for those not married to Mexican citizens. 

I am a U.S. citizen and my wife is a French citizen. We moved to Mexico in 2001 originally under FM-3 (non-immigrant) status. In 2005 we switched to FM-2 (immigrant) status and just this past month, at the fourth renewal of our FM-2, we upgraded our status to "inmigrado" which is the same immigrant status in Mexico as the "green card", or permanent residency status, is in the U.S. The inmigrado card states on its surface that the person presenting the card is a "permanent resident of Mexico" in both Spanish and English and that is important in the boonies in Southern Mexico when one is stopped at one of the many highway checkpoints manned by various authorities from the army to immigration to the federal cops in that sometimes unsettled region bordering Central America. Once one has achieved inmigrado status that´s it for any additional interface with INM for the duration. No need for any additional renewals of immigration status, no need to demonstrate a minimum income level - none of that stuff. Now, the question is whether or not we should upgrade further to citizenship and, while inmigrado status provides many protections for the holder, there is no question that citizenship has its important advantages but upgrading requires dealing with SRE, not INM and we have always assumed meant that the person requesting naturalization pass a test which is OK but requires some preparation. However, we have recently heard that if one is over 65, one can achieve Mexican citizenship without taking a test. Since I am 68, perhaps I am in a position to achieve citizenship without passing any burdensome test. 

While the "inmigrado" upgrade is fantastic and changes things immensely for us since the old FM-3 or FM-2 days, we own a couple of homes in Mexico in far-flung regions (Jalisco and Chiapas) and feel that, in order to provide maximum protection for those real estate investments, it would be prudent for at least one of us and preferably both of us to become Mexican citizens. So, this winter, when we return to Chiapas, we will visit the SRE in Tuxtla Gutierrez and explore the possibility of one or both of us becoming Mexican citizens. We believe we could apply for citizenship in either Guadalajara or Tuxtla Gutierrez but have, so far, been quite impressed, superficially at least, with the friendliness and courtesy of the SRE people in Chiapas so will try there first. When we do that this coming winter, we will report back on our experience there.


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## RVGRINGO (May 16, 2007)

Congratulations to you both!
We look forward to following your progress with SRE.


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## halfdome (Sep 21, 2010)

The FM2 out of country limitation is a cumulative of not to exceed 40% over the entire five year period. That gives a total of no more than 24 months over the five years cumulative.


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## RVGRINGO (May 16, 2007)

Welcome, Halfdome. Can you give a reference for that information? For some reason, I thought it might be 18 months.


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## halfdome (Sep 21, 2010)

RVGRINGO said:


> Welcome, Halfdome. Can you give a reference for that information? For some reason, I thought it might be 18 months.


We do all of our FM2 and IMSS dealings through Intermex in Guadalajara. In the process of getting our FM2 that was a statement they made regarding limitations on the FM2 and something we need to be careful of. Other than that, we don't have a written reference. However, we are certain they know the in's and out's of these things as it is there livelihood.


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## RVGRINGO (May 16, 2007)

Thanks. With the recent changes, any new information is welcome, but the best comes with a reference. If you happen to talk to 'Intermex', would you see if they can provide one for us?


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## johnmex (Nov 30, 2010)

SRE in GUadalajara was very helpful. Naturalization in Mexico does indeed requiere a demonstration of literacy in Spanish and a test of Mexican history and culture must be passed.

SRE Naturalization page
Nacionalidad y Naturalización

The test!
http://www.sre.gob.mx/images/stories/docnatnacio/guia_estudio09.pdf


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## chicois8 (Aug 8, 2009)

Dawg said" When we do that this coming winter, we will report back on our experience there"

Does that mean you will not post on this board until you try and become a citizen? LOL


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## TundraGreen (Jul 15, 2010)

johnmex said:


> The test!
> http://www.sre.gob.mx/images/stories/docnatnacio/guia_estudio09.pdf


That test is humbling. It makes you appreciate what you don't know. It would be a good study guide even for those with no interest in Mexican citizenship but just wanting to be educated about where we live.


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## halfdome (Sep 21, 2010)

RVGRINGO said:


> Thanks. With the recent changes, any new information is welcome, but the best comes with a reference. If you happen to talk to 'Intermex', would you see if they can provide one for us?


I finally received the response from Intermex. The 40%, or 24 months accumulated in a five year period, that they quoted is not correct. They provided a reference to "Estatuto Legal de los Extranjeros" Article 47 that states the 18 months you were aware of. So now we have the "official" word. Thanks for pointing that out to me because we were working under the assumption of 24 months.


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## circle110 (Jul 20, 2009)

I am wondering how that 18 month figure is applied if you are married to a Mexican citizen and are on the 2 year "accelerated plan" for citizenship. It seems like they wouldn't allow you to spend 3/4 of your time during the citizenship process out of the country so I suspect there is a different requirement if you are doing the 2 year method. I just haven't seen it anywhere. Does anyone know?


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## RVGRINGO (May 16, 2007)

If you are on the 'fast track' because of the 'familial' document, it would be wise to stay in Mexico until you have naturalization or 'inmigrado'. There may be no formal limitation but they will consider your absence from Mexico as a 'lack of commitment'.


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## circle110 (Jul 20, 2009)

I'll have to explore more of the specifics of how that works. I travel internationally to perform concerts and giving that up for two years at this time would be unwise. I guess if it is indeed necessary that I do not leave Mexico for 2 years, I won't be able to gain naturalization until I choose to stop touring abroad. Oh well, that's hardly the end of the world.


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## johnmex (Nov 30, 2010)

If I am not mistaken, you are allowed 45 days out of the country over the 2 year period.


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