Becoming a Mexican Citizen
IMMIGRATION AND NATURALIZATION PROCESSES in 2010:
A foreign national who comes to Mexico must have either a tourist visa, an FM-3 or an FM-2; the first document is always a tourist visa (except if one requested and obtained an FM-3 at a Mexican consulate prior to enter the country). This been said, the general opinion that a foreign national can not have an FM-2 without having first completed 5 years with an FM-3 is wrong; one can obtain an FM-2 at any time after one is in Mexico, the only requirement is that one proves that he has fully immigrated.
The length of time a foreign national can stay in Mexico under a tourist visa is decided by the immigration officer who revises the entry document, the maximum days allowed is 180; in the case that one has been given less than said time one can request an extension, said extension is at the discretion of the immigration officer who authorize the extension. In the case of an FM-3 the same rule apply regarding the number of days but in general the document is good for a one year period. After 5 years one can choose to continue with an FM-3 or request an FM-2 which can be renewed for 5 years, after the fourth renewal of an FM-2 one is eligible for the Immigrant status or one can ask for the Mexican Nationality.
A few of years ago the rules regarding the process and requisites to obtain the said nationality were changed, persons with an FM-3 could no longer be naturalized after 5 years, in 2009 the rules were changed again and at this time the new rules regarding the naturalization process are:
A foreign national must have had an FM-2 for 5 year and must present himself with his request completed and having paid the government fees.
As per the rules, that one can read on http://sre.gob.mx/tramites/nacionalidad/tema1c.htm one must present himself at the SRE on the last day his FM-2 fourth extension expires and be prepared to pass the exam on said day if he has not reached his 60th birthday (The age limit regarding the age limit does not appear on the internet page. In the event that one has reach said age the only requirement is that he must be able to speak Spanish). In the eventuality that the fourth extension terminates on a non working day the person must then request is “Inmigrado” status at INM and once obtained present his request for naturalization at SRE.
There are situations when one can request his naturalization with less than 5 years with an FM-2: Marriage to a man or women of Mexican nationality (This can be interpreted not only for heterosexuals marriages but also for same sex marriages), child adoption, for having a child born in Mexico, been an adopted child by a Mexican person or that the tutor is Mexican, contributing toward the good of the country or having participated in cultural, social, scientific, technical, artistic, sport or business (in these cases it would be up to the authority to judge if the activity is to be considered sufficient to permit the emission of the Naturalization Card), born in Latin America or the Iberia peninsula, be a descendent of a Mexican person in direct line.
The big question is: Does one need a lawyer in requesting either an immigration status or for becoming Mexican? The answer to this question is yes so that one has his rights protected by the professional that has the full necessary knowledge so as to not make one spend money for nothing….The second question is: Does the request be presented at the local SRE office or directly to the SRE headquarters in Mexico City? The answer is that one can obtain his naturalization in a shorter time if the dossier is presented in Mexico City but there are additional costs such as travelling and lodging. What ever is the decision regarding where the request is presented one should always have a legal adviser with him.
More info can be obtained by contacting me at can-am-mex-law-firm@hotmail.com
Contact Information
Lic. J.E. Beaulne, LL.B.
Abogado / Avocat / Attorney at Law,
International real estate investor
Member of Lawyer's college in B.C.S.
Firm´s Senior Partner,
Notaria 8, Planta Alta, suite 4 & 6,
Esq., Allende y Serdan,
La Paz, B.C.S., Mexico. CP 23000.
24/7
From outside Mexico: 011 52 1 (612) 348-9793
In Mexico:045-(612) 348-9793 cell