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Becoming a Mexican Citizen - Updated 2009
This article has been superceeded by new information for 2010 - click here. We have left this article posted as well as there is additional information which many of our readers have found usefull. Please refer to the Becoming a Mexican Citizen, 2010 for the most current information.
Naturalization process in Mexico 2009.
In October 2007 an internal decision was made regarding who qualifies to receive the Mexican nationality in accordance with the first paragraph of article 20. of the law of nationality ( Ley de Nacionalidad).
This decision which was made by personal of the “Secretaria de Relaciones Exteriores” and by authorities of the “Instituto Nacional de Migracion” is based on the fact that there is a mention under the first paragraph of page 2 of the FM-3 booklet that says: The holder does not acquire Rights of residence in the country, and only will be able to remain in same for the time and for the activity that the Secretary authorizes.
Thus applications for Naturalization after the mentioned month have been negated verbally.. The undersigned has made a full complaint regarding the refusal of receiving applicants holding an FM-3 to the motive that it is contrary to article 20. of the Magna Carta of Mexico and decision which is not in accordance with the wording of the mentioned article in the first paragraph and in the spirit of the law.
At the present time this complaint is being reviewed by the
Authorities in Mexico City and we should have a response in the next few weeks.
This been said, our Firm has also represented foreigners that have had an application for naturalization, through the SRE office in La Paz, which was never processed or lost...Our representations were received in a positive manner in Mexico city and these applicants will receive their “Carta de Naturalization” once they pass a 5 questions exam at the time the said “Carta”is issued.
A legal battle was also won regarding the interpretation and application of the general law of population (Ley General de Poblacion) and we can now obtain for a person who has radicated in Mexico with the intention of immigrating to receive not an FM-3 but an FM-2. Thus at this time we recommend that any one who holds an FM-3 for what ever length of time can obtain, by proper legal representation, an FM-2 and be eligible for Naturalization after 5 years. Caution must be taken by the applicant regarding his intentions because one who holds an FM-2 has a restriction regarding time outside of the Mexican territory; according to the law one can not be outside of the country for more than 18 months during the 5 year period while holding an FM-2. The total absence of 18 months is accumulative.
Finally we must remember that one who wants to hold the Mexican citizenship must have a basic knowledge of the Spanish language and the history of Mexico plus be integrated in the Mexican society as per article 19.III. of the Ley de Nacionalidad.
Singing the national anthem is NOT required. Furthermore, the initial exam composed of only 5 questions of which 4 must be answered correctly, is verbal not written at the time of summiting the application; same process is done at the time the applicant receives the Naturalization and signs a document which says he renounces to his previous nationality. This renouncement applies only when the person is in Mexico, in other words when one is Naturalized one must indicate that he is Mexican while in Mexico. The new Mexican does not loose his former nationality unless his former country does not recognize dual citizenship.
For any inquiries regarding this subject or any legal situation's) please feel free to contact our office.
Contact Information for Can-Am-Mex
Lic. J.E. Beaulne, LL.B.
Abogado / Avocat / Attorney at Law,
Cedula profesional # 0086,
Miembro del Colegio de Abogados de B.C.S.
Member of the Lawyer's College of B.C.S.
Plaza Cerralvo, Suite 6
Alvaro Obregon #1665
La Paz, B.C.S., Mexico C.P. 23000
24 Hour Emergency Tel: 044-612-8681027
Office: 612-128-6859
Puerto Vallarta - 044-322-227-6531