| b)
your FM-3,
c) proof
of your residency in Mexico (which can consist of a phone or utility bill),
d) form
SHCP-5 provided by immigration,
e) proof
of income,
f) more
photos, and
g) about
$75.
Some claim
that a letter signed by the FM-3 holder and two Mexican witnesses stating
that the applicant's been an upstanding citizen living harmoniously in
the community, as well as a photocopy of the witnesses' photo ID, is also
required. The renewal process will seldom be completed on the day you bring
in all of the paperwork...expect at least a 48-hour wait and be prepared
for a month's delay. Start on the renewal process six weeks before the
FM-3 expires just to be on the safe side. The office in San Miguel de Allende
was the most helpful of any government office, in any country, in providing
a patient, untiring explanation. I suspect that it's really staffed by
English agents working undercover! The renewal process can also be handled
by mail.
After the
fifth FM-2 annual renewal, the FM-2 inmigrante is eligible to apply
to become inmigrado, or a permanent resident alien. Conversion
from inmigrante to inmigrado status is not automatic. Kinship
with a Mexican citizen, by blood or marriage, positively influences the
grant of a favored status. Once inmigrado status is reached, no
more annual renewals are necessary. This "green card" status, the highest
category for a permanent foreign resident, permits the holder to work in
any lawful activity in Mexico. Your only limitation is that more than 36
consecutive months' absence, or accumulated absences of five years over
a ten- year period, from Mexico results in its forfeiture. You may no longer
be able to obtain an import permit for your U.S.-registered automobile,
although by that time, you'll likely have decided to "buy Mexican." Legalization
of your U.S.-registered car is another option if you're willing to pay
the tax. In most aspects of your life, you have the most of the same privileges
as a Mexican citizen...except for voting, tending bar, operating a brothel
and running for public office.
It's time to
talk about money. For an FM-3 or FM-2, you'll need to show that you have
income from the states or Mexican investments of about $800 per month.
The dollar amount, pegged to the Mexican minimum wage (with a multiplier),
fluctuates with the exchange rate and the prevailing political climate.
One-half of that amount is required for each dependent. At renewal only,
the financial requirements are halved if you own your own Mexican dwelling.
You'll need to provide a notarized copy of the deed (escritura)
or trust (fideicomiso) document.
While the US-based
Mexican Consulate may be somewhat more lenient in scrutiny of your proof
of income (a bank president's letter has been known to suffice), you'll
need more proof at the time of renewal. For some reason, immigration authorities
are more concerned that you demonstrate monthly income instead of annual.
Be prepared to show a year's worth of bank statements demonstrating that
deposits of the requisite monthly amount have been made, even though they
may only ask for the past three. Statements from Mexican banks and brokerages
are accepted without question; but if your account is US-based, you'll
need to have the statements authenticated by the U.S. Consul in Mexico.
If your income is paid less frequently than monthly, or if you don't have
regular income...there's a way to still show proof of income. Deposit $1000
in your bank account at the beginning of the statement period, withdraw
it before the next statement period, and keep up the routine of deposits
and withdrawals, recycling the same funds. You'll always need about eight
photographs of a certain size, hue and dimension, profile and frontal.
This is not the time to be concerned about glamour, because you must be
portrayed without glasses, jewelry or other adornment, hair pulled back
to reveal the hairline and ear shape. Don't argue that your mere visage
might be enough to dissuade the kindest-hearted immigration official. (I
suspect that these may be kept in a secrete hoard by national security
forces to scare off invading aliens.)
Most people
would rather have a root canal than deal with lawyers. Like dentists, lawyers
can be extremely helpful, time-saving and cost-cutting. While the renewal
process, conversion from FM-3 to FM-2 status, and application to become
inmigrado can surely be accomplished without legal counsel, you
may find yourself shunted from bureaucrat to bureaucrat, always lacking
some document or failing to dot an "i." The law and process is not rocket
science, but you'll need some savvy and familiarity with bureaucracy that's
hard to develop during an annual foray to the immigration offices. Some
freelance lay immigration entrepreneurs easily navigate these waters through
experience and volume, and their fees may range for modest to more than
the going rate for a Harvard lawyer. Because the main immigration office,
and the only one which considers the application to become inmigrante,
is located in Mexico City, consider using Mexico City counsel for the simple
reason that you'll save portal-to-portal charges of local counsel, who
while very competent, may not have a sufficiently large immigration practice
to understand its day-to-day quirks.
Granting your
Mexican lawyer a power of attorney (carta de poder) authorizing
him to act in your stead can mean that nearly all of the legal work, after
the fingerprinting's done, can be accomplished even long-distance. Time,
travel, sanity, and even setting foot in a government office can take its
toll upon the most-determined pro se, making a small investment in DHL,
Mexipost and legal fees worthwhile. (I'm not shilling for the legal profession....even
though I'm one. I've found it's cheaper in the long run to use Mexican
immigration counsel).
Planning to
work while you're in Mexico? It can be done, but there are stringent rules.
One variant of the FM-3, valid only for renewable six-month periods, sponsored
by the employer, will enable a foreigner to work for that employer only...and
only in the areas specified in the immigration document. The applicant
must have needed skills that are not met in the workforce, and the FM-3
working status is contingent upon continued employment by the sponsoring
employer. When the job ends, so too does the FM-3. In these situations,
the employer generally assumes responsibility for handling the legal work.
A foreigner
planning to reside permanently in Mexico, bringing capital for investment
in an industry which contributes to the country's economic and social development,
may qualify for an investor (inversionista) FM-2 status. Substantial
requirements must be met, e.g. hiring a significant number of Mexican workers,
before government approval will be granted, and the financial requirements
can be hefty. This is not a route for the would-be immigrant planning to
open an espresso bar or bookstore.
This article
cannot address all of the categories available for immigration, e.g. the
exceptional-case professional (profesionial), high level management
(cargos de confianza) working in established Mexican businesses,
research scientist (cientifico), technician (tecnico), or
artist and athlete (artista y deportista), whose employers will
nearly always manage the immigration and work permit process. Nor is it
possible within this article to address the situations of a foreign member
of a boards of directors (consejero), an alien seeking political
asylum (asilado politico), a student (estudiante), the refugee
(refugiado), or distinguished visitor (visitante distinguido).
NAFTA created
four new non-immigrant visa classifications:
the 30-day business visitor paid from a source outside of Mexico, the one-
year professional in certain fields, the intracompany transferee having
managerial, executive or specialized skills, and the investor/trader. Each
of these categories requires skilled immigration counsel.
Two very
important rules always apply: always supply more documentation than
you'll ever think you might need and plenty of photocopies of each. Expect
to be photographed and fingerprinted...and don't fudge on the requested
documentation. If immigration asks for bank statements, don't offer them
tax returns as an alternative. If you're weary, ponder for a moment what
the U.S. Immigration and Naturalization Service requires of its postulants.
While this
is written without political overtone (the libertarian in me says that
all peaceable folk should be able to cross borders at any time without
government interference), immigration into Mexico is not a matter of
right. There's a tremendous amount of discretion involved. The Mexican
General Law of Population allows the Mexican government to deny entry,
refuse renewals or changes in immigration status when 1) no reciprocity
exists between Mexico and the applicant's country, 2) demographic interchange
between Mexico and the applicant's country are not in equilibrium, 3) nationality,
category and vocational activity quotas have been filled, 4) the permit
has been deemed not to be in the national interest, 5) the applicant's
conduct violates "morality and good customs," or 6) the applicant has broken
Mexican laws or regulations. American xenophobia and its treatment towards
Mexicans, even undocumented workers, can quickly sour the official Mexican
stance towards foreigners, even those injecting capital back into the country. |