# Father of Mexican Citizen



## yossarianb52 (Dec 27, 2012)

My son is a native Mexican citizen and I was told that this means I can apply directly for a Permanent Residency. Is this true?


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## TundraGreen (Jul 15, 2010)

yossarianb52 said:


> My son is a native Mexican citizen and I was told that this means I can apply directly for a Permanent Residency. Is this true?


I believe that is correct under Articulo 38.

"Aplicable a la persona extranjera titular de la condición de estancia de visitante o de residente temporal, que desea residir de manera permanente, en territorio nacional y acredita vínculo con mexicano o persona extranjera residente permanente de acuerdo a lo señalado en el apartado de criterios de la presente ficha de trámite."

Documento sin título


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## circle110 (Jul 20, 2009)

Yes, it is true. When I did my change of status to notify INM of my marriage to a Mexican citizen, they asked me if we had any children (we don't). He said that if we did have children I would change automatically directly to permanent resident.

Since you have a Mexican child you can apply directly for permanent residency. Nice!


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## yossarianb52 (Dec 27, 2012)

Nice! that's awesome, now I'm in the States, do I do the process entirely there or is it like the Temporary, I have to apply and then process from a consulate in the US?


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## circle110 (Jul 20, 2009)

Since I live in Mexico I didn't have to deal with the consulate in the US so I can't say for sure. I believe that you start the process at the consulate in the US and then finalize upon arrival in Mexico but you're best off asking at the consulate since they are the ones doing it.


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## yossarianb52 (Dec 27, 2012)

circle110 said:


> Since I live in Mexico I didn't have to deal with the consulate in the US so I can't say for sure. I believe that you start the process at the consulate in the US and then finalize upon arrival in Mexico but you're best off asking at the consulate since they are the ones doing it.



I should have mentioned it before I asked a more detailed question, but although i am in the US at the moment, my wife son and I have been living in Mexico City. The two of them are natives, he is both thanks to Citizen Born Abroad.


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## anothergringa (Mar 15, 2013)

Hi. Yossarianb52. I am sorry you are currently separated from your wife and newborn! I saw mention to your circumstances in another post that I was reading today ( but I realize there certainly can be many more details that are influencing your family´s choices right now ) and I am wondering if you are remaining outside of Mexico for some work-related reason? Whether you are married to a Mexican national or not, you should be able to come into the country for 180 days at a time on a tourist permit, which can usually be extended, I think for another 180 days if you go to the INM office. 

Maybe the Mexico City INM office is notoriously slow like so many other services in the City, but if I were in your shoes, I wouldn´t try to run the application process from a stateside consular office unless you have been mandated to do so. 

I am also married to a Mexican national and have a dual national child born abroad (and another on the way).


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## Isla Verde (Oct 19, 2011)

anothergringa said:


> Maybe the Mexico City INM office is notoriously slow like so many other services in the City, but if I were in your shoes, I wouldn´t try to run the application process from a stateside consular office unless you have been mandated to do so.


I haven't found the INM office in Mexico City to be slow. In fact, in the last few years, it's been rather efficient.


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## anothergringa (Mar 15, 2013)

Isla Verde said:


> I haven't found the INM office in Mexico City to be slow. In fact, in the last few years, it's been rather efficient.


That´s good to hear! Our main home is in Hidalgo and the Pachuca office usually serves us same day. Our activities in Mexico City don´t relate to immigration, but I can´t say we´ve gotten such quick turn around there since the offices usually have such a volume of customers to serve.


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## Isla Verde (Oct 19, 2011)

anothergringa said:


> That´s good to hear! Our main home is in Hidalgo and the Pachuca office usually serves us same day. Our activities in Mexico City don´t relate to immigration, but I can´t say we´ve gotten such quick turn around there since the offices usually have such a volume of customers to serve.


If you go to the INM office in the DF, you'll be able to turn in your paperwork on one day and then go home and wait for it to be processed. The wait period had just a few days, but with the new rules in effect, it is now much longer, but that's been true everywhere in Mexico, not just in the capital.


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## yossarianb52 (Dec 27, 2012)

anothergringa said:


> Hi. Yossarianb52. I am sorry you are currently separated from your wife and newborn! I saw mention to your circumstances in another post that I was reading today ( but I realize there certainly can be many more details that are influencing your family´s choices right now ) and I am wondering if you are remaining outside of Mexico for some work-related reason? Whether you are married to a Mexican national or not, you should be able to come into the country for 180 days at a time on a tourist permit, which can usually be extended, I think for another 180 days if you go to the INM office.
> 
> Maybe the Mexico City INM office is notoriously slow like so many other services in the City, but if I were in your shoes, I wouldn´t try to run the application process from a stateside consular office unless you have been mandated to do so.
> 
> I am also married to a Mexican national and have a dual national child born abroad (and another on the way).


Hey, sorry i haven't gotten a chance to get back in touch. I'm actually back in DF and am starting the Perm Resident process. When you did your process I am assuming you did so from the Mexico side? Thanks!


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## Salto_jorge (Mar 28, 2010)

I was told at a consulate that I need to get a Resident Temp first since my children are in their 30's (dual nationals) and only one of them lives in Mexico, my previous papers had expired. If your child/children are at home and you directly support them that my matter. I do not remember reading it, but is your child a dual national ?


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## yossarianb52 (Dec 27, 2012)

He is, I'm American, his mom's Mexican, he's both. He was born in DF but came with the two of us for a visit a few weeks ago (they left, i stayed for a bit). Not sure if the age is a factor but he was just born a few months ago. As far as I've read it, all the conditions ask for is a familial connection (child is one of the examples). Maybe since you aren't supporting them anymore. Are you doing the process from the Mex side or USA?


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## anothergringa (Mar 15, 2013)

yossarianb52 said:


> Hey, sorry i haven't gotten a chance to get back in touch. I'm actually back in DF and am starting the Perm Resident process. When you did your process I am assuming you did so from the Mexico side? Thanks!


My FM2 card (or whatever it is called nowadays) is still valid but last yer when it was issued they had told me I would be eligible for permanent residency this year although the final requirements had not been issued to their office at that time. We need to got ahead and touch base with them and start the process, anything I can wrap up before third trimester with this pregnancy is worth working on in my book!


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## yossarianb52 (Dec 27, 2012)

anothergringa said:


> My FM2 card (or whatever it is called nowadays) is still valid but last yer when it was issued they had told me I would be eligible for permanent residency this year although the final requirements had not been issued to their office at that time. We need to got ahead and touch base with them and start the process, anything I can wrap up before third trimester with this pregnancy is worth working on in my book!


Amen to that, not sure if this is your first (congratulations!) but I can tell you from the first few months with the squirmy little person next to me, good luck trying to find time afterwards!


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## anothergringa (Mar 15, 2013)

yossarianb52 said:


> Amen to that, not sure if this is your first (congratulations!) but I can tell you from the first few months with the squirmy little person next to me, good luck trying to find time afterwards!


Thanks. This will be number two and last. We are already crazy looking for time to get things accomplisehed - life continues to be busy with our little ****** running around the house.


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## equichica (Mar 29, 2013)

*Future Mother of a Mexican Citizen???*

My boyfriend (who was born and raised in mexico) and I are planning on having a child soon. We are still in the US but are planning a move to mexico within the next couple of years. Will our child be a Mexican citizen if it is born in the US? Will I be able to get permanent residency without getting married because of the child? Thanks for any info!!!


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## maesonna (Jun 10, 2008)

equichica said:


> Will our child be a Mexican citizen if it is born in the US?


Yes, but you will need to go to a Mexican consulate with your baby’s American birth certificate and your boyfriend’s official Mexican ID, in order to register the child as a Mexican and get its Mexican birth certificate.

My kids were born outside of Mexico, to my Mexican husband and non-Mexican me, and they have their ”Mexican-born-abroad” birth certificates because we made sure to register them as Mexicans.


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## yossarianb52 (Dec 27, 2012)

equichica said:


> My boyfriend (who was born and raised in mexico) and I are planning on having a child soon. We are still in the US but are planning a move to mexico within the next couple of years. Will our child be a Mexican citizen if it is born in the US? Will I be able to get permanent residency without getting married because of the child? Thanks for any info!!!


As far as I've been told (here, lawyers and INM) you can indeed claim permenant residency due to being a familial relation to a Mexican citizen. I don't know for sure if there is anything funky about it since the child'll be born outside Mexico but I can't imagine there would be. You would of course have to wait for the child's citizenship to go through as well as other factors such as the financial standards (so to speak). I'm sure there are more people out there on the forum who can give you a more complete answer. I for one would be very interested in hearing this.


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## circle110 (Jul 20, 2009)

As it was explained to me, financial standards no longer matter when you are a parent of a Mexican citizen child. The family unification principle overrides any other factors. You can directly become a permanent resident and will have the right to work.

The fact that the child is born "en el extranjero" won't matter either. He/she will be born a citizen and you will merely need to document it.


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## yossarianb52 (Dec 27, 2012)

circle110 said:


> As it was explained to me, financial standards no longer matter when you are a parent of a Mexican citizen child. The family unification principle overrides any other factors. You can directly become a permanent resident and will have the right to work.
> 
> The fact that the child is born "en el extranjero" won't matter either. He/she will be born a citizen and you will merely need to document it.


I seriously hope this is the case as the new guidelines are a bit steep, especially after trying to get by teaching business English. You have this personally or heard it from?


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## circle110 (Jul 20, 2009)

I was told by INM in San Miguel de Allende. I am married to a Mexican citizen but we have no children at this time. They asked me if we did have children because they said it is far easier and quicker in that case.

I also read it in the new law as spelled out online but I can't find that link right now. "Familiar" is one of the categories just like "rentista". For "rentista" you need to show income but for "Familiar" the income from outside the country isn't necessary because you will be a permanent resident with the right to work. 

Here is a description of the "Familiar" from a site that is not official but has the same information. If I can find the link to that actual law I will post that.


Residentes | Familiares | Nueva Ley de Migracion | Mexico | Visasmex


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## yossarianb52 (Dec 27, 2012)

circle110 said:


> I was told by INM in San Miguel de Allende. I am married to a Mexican citizen but we have no children at this time. They asked me if we did have children because they said it is far easier and quicker in that case.
> 
> I also read it in the new law as spelled out online but I can't find that link right now. "Familiar" is one of the categories just like "rentista". For "rentista" you need to show income but for "Familiar" the income from outside the country isn't necessary because you will be a permanent resident with the right to work.
> 
> ...


Bangarang. Thanks!


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## equichica (Mar 29, 2013)

*Thanks!*

Thanks to everyone for the info!!


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