# Criminal History & Denial of Residente Temporal Visas



## NinjaSk8ter

I wanted to elaborate on a previous post regarding: Denial of FM3 Visas

The Temporary Mexico Residency Visa has replaced the FM3 Visa

Apparently the rules have changed in that "the foreigner" must first make an application for this:
Temporary Mexico Residency Visa at the Mexican Consulate within their Home City and Country.

The previous post for Denial of FM3 Visas indicated some reasons for denial:
1. Lack of proof of sufficient income from outside Mexico
2. Criminal Activity
3. Rejection of the cambio de actividades if a Mexican can do the job

I have a question and concern about Question 16 on the Visa Application Form:

16. Do you have a criminal record in Mexico or any other country? Yes No
If Yes please explain.

Here some things that I would like to know:
1. Exactly the types of crimes which would result in automatic denial?
2. What type of Background Check are they performing?
3. Question 16 indicates "please explain" What information do they want?
4. Do they want dates? Criminal Statue Numbers? Misdemeanor or Felony?
5. Do they want both a criminal history for your entire life or just the past 10 years?

My Criminal Record is:
1 Misdemeanor- from 2010 "Attempt to Possess Marijuana" (Non Felony)
1 Misdemeanor- from 2001 "Attempt Criminal Sexual Act" (Non Felony)
(13 years ago)

This question raises concerns for me:
If for some reason that my Visa Application is denied, would this prevent me from "entering Mexico" as a Tourist in the future? Is this a risk?


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## sparks

8-10 years ago you could apply for visas up north and the Washington State consulates wanted a State Patrol report of your record. I would ask if they will take only your word or want something official


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## chicois8

I was asked for a report from my local police dept. Now all you need is an arrest for something to do with Rock and Roll...........


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## NinjaSk8ter

Hello Chcois8,

What do you mean by:
Now all you need is an arrest for something to do with Rock and Roll........... 





chicois8 said:


> I was asked for a report from my local police dept. Now all you need is an arrest for something to do with Rock and Roll...........


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## TundraGreen

NinjaSk8ter said:


> Hello Chcois8,
> 
> What do you mean by:
> Now all you need is an arrest for something to do with Rock and Roll...........


I think he was making a joke with a cultural reference to a song about Sex, Drugs and Rock and Roll.


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## Longford

If the matter is important to you (the impact of your police record), my advice is that you seek the advice of an attorney in Mexico who is located in the area you're thinking of relocating and who is experienced in immigration matters.


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## NinjaSk8ter

IHi Longford, 

I did actually reach out to an Attorney in Mexico, but he said that he wasn't sure about the Consulate Rules or how they conduct their Background Checks. In fact, that these Rules could vary from Consulate to Consulate.

I've read a couple of times that they only require a Criminal Record Report from the current city that you are living in- and nothing more.
I could do that and pass.

My more serious Misdemeanor occurred 13 years ago, in a different state.

I would prefer not to speculate, and not assume anything about how this Background Check is performed.



Longford said:


> If the matter is important to you (the impact of your police record), my advice is that you seek the advice of an attorney in Mexico who is located in the area you're thinking of relocating and who is experienced in immigration matters.


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## NinjaSk8ter

Did whatever crime he is referring to with "rock and roll" result in the denial of his visa?




NinjaSk8ter said:


> Hello Chcois8,
> 
> What do you mean by:
> Now all you need is an arrest for something to do with Rock and Roll...........


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## conklinwh

NinjaSk8ter said:


> IHi Longford,
> 
> I did actually reach out to an Attorney in Mexico, but he said that he wasn't sure about the Consulate Rules or how they conduct their Background Checks. In fact, that these Rules could vary from Consulate to Consulate.
> 
> I've read a couple of times that they only require a Criminal Record Report from the current city that you are living in- and nothing more.
> I could do that and pass.
> 
> My more serious Misdemeanor occurred 13 years ago, in a different state.
> 
> I would prefer not to speculate, and not assume anything about how this Background Check is performed.


As stated, there is often a variance among consulates but at least under the old system, the consulate in Raleigh NC wanted a notarized letter from the resident city.
Maybe you ought to just contact the visa section of your local consulate and ask what required to initiate visa. By the way, all of this is different from the 180 day tourist permit where no such documentation required.


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## NinjaSk8ter

Hi Coklinwh,

I've read alot about the "Old System" and that they wanted a Notarized or Criminal Background Check Report from the Police Department in the City where you reside.

But my question pertains to the "New System" and that question on the Visa Application regarding: "any criminal record in Mexico or another Country"

Nowhere on this Application does in indicate that I would need to provide some Notarized Criminal Background Check Report.




conklinwh said:


> As stated, there is often a variance among consulates but at least under the old system, the consulate in Raleigh NC wanted a notarized letter from the resident city.
> Maybe you ought to just contact the visa section of your local consulate and ask what required to initiate visa. By the way, all of this is different from the 180 day tourist permit where no such documentation required.


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## conklinwh

NinjaSk8ter said:


> Hi Coklinwh,
> 
> I've read alot about the "Old System" and that they wanted a Notarized or Criminal Background Check Report from the Police Department in the City where you reside.
> 
> But my question pertains to the "New System" and that question on the Visa Application regarding: "any criminal record in Mexico or another Country"
> 
> Nowhere on this Application does in indicate that I would need to provide some Notarized Criminal Background Check Report.


Thats why I suggested you call the visa section of your local consulate and ask.


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## NinjaSk8ter

I actually did go to the Consulate Office in Washington DC, and the lady working in the Section for Foreigners was not very helpful.

Needless to say, I was a little apprehensive about bringing up my criminal history with the person who would potentially be approving or denying my visa application.

I think what I'm going to do is travel to a different city altogether and speak with a Consulate in that city. 

I was hoping that someone on this forum would have first-hand experience with their application and dealing with a criminal history. 

I still would like to know- what type of Background Check to they perform for this Temporal Imigrante Visa.




conklinwh said:


> Thats why I suggested you call the visa section of your local consulate and ask.


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## sparks

NinjaSk8ter said:


> Nowhere on this Application does in indicate that I would need to provide some Notarized Criminal Background Check Report.


That's why you should ask your consulate what you need to provide. Anything criminal check related should be included


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## sparks

NinjaSk8ter said:


> I still would like to know- what type of Background Check to they perform for this Temporal Imigrante Visa.


The point is there is no hard and fast rule. Your local consulate will tell you what you need


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## RVGRINGO

You may find that trying another consulate will not work; I believe that you are required to apply at the consulate nearest your home address. It would also appear that the application requires you to answer the question with a Yes or a No and to explain, if the answer is Yes. Then, they may choose to ask for more information or to run a background check on you. Of course, they may also simply choose to deny your application for any one of several other reasons, including provable retirement income, sufficient liquid resources, etc.


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## NinjaSk8ter

Hi RVGringo,

I am aware that I would need to make the application in my home city.

This is the very reason not to ask a question that could bring attention to myself and my future application.

For that reason, I wanted to ask questions regarding criminal records and background record check procedures at a different consulate, so that I could remain anonymous.

My only real apprehension in filing this application for Residente Temporal would be that "If" my application were to get rejected, could that rejection create a "red flag" on my name, and that I wouldn't be able to enter Mexico at all in the future.
No I would not want that.





RVGRINGO said:


> You may find that trying another consulate will not work; I believe that you are required to apply at the consulate nearest your home address. It would also appear that the application requires you to answer the question with a Yes or a No and to explain, if the answer is Yes. Then, they may choose to ask for more information or to run a background check on you. Of course, they may also simply choose to deny your application for any one of several other reasons, including provable retirement income, sufficient liquid resources, etc.


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## GARYJ65

I am not sure that this is a subject I would be asking questions about in a forum, in any case, I wish there is not a way to get visas to people with criminal history

That's only my opinion


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## NinjaSk8ter

Why wouldn't you ask questions about this subject in a Forum?

Why do you "wish" that people that have had a problem with the law in the past should not be entitled to get a Visa? Please elaborate.




GARYJ65 said:


> I am not sure that this is a subject I would be asking questions about in a forum, in any case, I wish there is not a way to get visas to people with criminal history
> 
> That's only my opinion


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## sparks

NinjaSk8ter .... you seem to be missing something here ....


Tourist visits have no criminal checks and resident visas may .... what more do you want. Moving along ...............


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## TundraGreen

This thread seems to me to be unlikely to produce additional useful discussion, so I have chosen to close it.

Moderator


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