BajaNomad - Citizenship law change?

Citizenship law change?

ladydi - 4-25-2012 at 10:48 AM

Does anyone know the ins and outs of the change in law to acquiring citizenship?
We have held a Fm2 for 5 years and was instructed by our immigration attorney last year that we had to now hold a Fm3 for a further 5 years before we could apply for citizenship.
It is now time to renew our Fm3's again, but i am a little confused.
I was told by a friend the law has changed and i no longer need to hold the Fm3 for the additional 5 years to become a citizen.
I respect the info recieved from fellow Nomads whom have been through this process and would appreciate it if anyone could shed some light on this before I contact our immigration lawyer to start renewal.
Thanks in advance.:D

rts551 - 4-25-2012 at 11:01 AM

Do you have your FM3 and FM2 backwards? normally you have a FM3 before FM2

ladydi - 4-25-2012 at 11:12 AM

No.
This is what out attorney did for us and many of our friends have also done it this way.
I was thinking maybe it doesnt really matter which way round you do it as long as you have the ten years combining both visas?
We are not living in Mexico full time yet,but plan to when we retire.
So therefore we would like citizenship, also so we can own our land.

gnukid - 4-25-2012 at 11:14 AM

Supposedly you need an FM-2 for 5 years to apply, there are concessions for those special case after 2 years if you are married to a Mexican or have made a significant contribution, such as in science, art, sports or culture.

FM-3 no longer qualifies for citizenship. I bet this will change, again.

Though I would guess that a good lawyer can make an argument for you if you have been here for more than 5 years and are in good standing.

The INM doesn't seem to know anything about it since that's not their area, you need to speak to exterior affairs office or better a great immigration lawyer.

bajajudy - 4-25-2012 at 11:16 AM

SRE handles citizenship paperwork not INM.

ladydi - 4-25-2012 at 11:31 AM

Thanks for the info it helps alot.

rts551 - 4-25-2012 at 11:33 AM

and I'll bet if your FM2 lapses because you went to a FM3 then you can no longer apply for Immigrado or citizenship.

But maybe not.

durrelllrobert - 4-25-2012 at 11:56 AM

I don't understand why you have to keep renewing the FM3 since you have already held the FM2 for 5 years and are now eligble to apply to SRE for citizenship. This is the best site I've found for explaining it all:
www.mexperience.com
Here is an exerpt from it:

You must hold a FM2 for a qualifying period* before you may apply for "immigrant" status or Mexican Citizenship.

You do not need to have held a FM3 visa before applying for a FM2, and any years you may have accrued while living in Mexico under the auspice of a FM3 do not count towards your FM2 qualification period.

If your goal is to seek long-term residency in Mexico, or to become a Mexican Citizen, you should apply for FM2 status (or request a change of status from FM3 to FM2) so that your time starts counting towards the qualification period as soon as possible.

Once you are in possession of a FM2, following the qualification period, you may apply for full residency status in Mexico

[Edited on 4-25-2012 by durrelllrobert]

gnukid - 4-25-2012 at 11:57 AM

http://www.sre.gob.mx/tramites/nacionalidad/tema1c.htm

Este documento se expide a los extranjeros que acrediten una residencia en territorio nacional con la calidad migratoria de inmigrante o inmigrado (FM2 tipo libreta ó fotocredencial), cuando menos durante los últimos cinco años inmediatos anteriores a la fecha de su solicitud.

Cypress - 4-25-2012 at 12:01 PM

Quote:

Originally posted by ladydi
No.
This is what out attorney did for us and many of our friends have also done it this way.
I was thinking maybe it doesnt really matter which way round you do it as long as you have the ten years combining both visas?
We are not living in Mexico full time yet,but plan to when we retire.
So therefore we would like citizenship, also so we can own our land.

You can? Welcome to the forum.

durrelllrobert - 4-25-2012 at 12:04 PM

Quote:

Originally posted by gnukid
http://www.sre.gob.mx/tramites/nacionalidad/tema1c.htm

Este documento se expide a los extranjeros que acrediten una residencia en territorio nacional con la calidad migratoria de inmigrante o inmigrado (FM2 tipo libreta ó fotocredencial), cuando menos durante los últimos cinco años inmediatos anteriores a la fecha de su solicitud.

Google translation:
This document is issued to foreigners who prove a residence in national territory with the migratory status of immigrant or immigrant (or notebook type fotocredencial FM2), at least during the last five years immediately preceding the date of your application.

durrelllrobert - 4-25-2012 at 12:14 PM

Quote:

Originally posted by Cypress

Quote:

You can? Welcome to the forum.

Americans make up only a small part of the new Mexican citizens, but that is partly because the 1994 North American Free Trade Agreement made it easier for Americans and Canadians to get residency visas in Mexico, meaning there is less incentive for them to become citizens, said Jesús Pérez Cisnero, an immigration lawyer in Mexico City.

However, foreigners who do become citizens reap some nice benefits: They can directly own oceanfront property without setting up a complicated legal trust. They can get Mexican bank loans and finance homes more easily. And they can work in Mexico without visas.

ladydi - 4-25-2012 at 12:30 PM

I just sent a email to our immigration lawyer to see what they say.
I will post there responce when i get it.
Thanks for the input & links.

BajaBlanca - 4-25-2012 at 01:33 PM

ladydi - please write to GILBERTO PINEDA at

gpcpineda@hotmail.com or call him in Mexico City at
55 5529-8701 and cell phone 045 55 5419-6812

He is an absolutely amazing immigration attorney. He will only speak to you in Spanish. He is the Pope of immigration attorneys - works with the office on a daily basis and the immig office itself told me he is the best of all the attorneys they work with.

durrelrobert is absolutely correct
1. you don't need an FM3 to get an FM2

2. the only document you can become a citizen with is an FM2, so don't give it up. Renew it. Renew it. Renew it.

3. If you have a latin background ie heritage, the wait is only 2 years rather than the 5.

4. I do believe that some attorneys do the procedure differently but the fastest is Mexico City. Gilberto will have you leaving with a Mexican passport (paid for separately) in hand.

I used Gilberto last year to get my citizenship and he was awesome. Fast and professional. If you go to M City, I recomment the san diego hotel. clean. simple. reasonable. very well located (near immig ofice) in downtown area near shops cathedral etc.

shari - 4-25-2012 at 01:37 PM

I second the nomination of contacting Gilberto Pineda...he was an angel for me as well and he picks you up at the airport and you can stay in a nice room in his house too if you prefer that to a hotel. He is well worth the money and WILL get it done. I think your immigration lawyer may be...ummm...uninformed or perhaps is having you do more than you need to.

durrelllrobert - 4-25-2012 at 06:34 PM

here's another link to an imigration attorney that cites all the requirements for applying for Mexican citizenship such as knowing the Spanish language and Mexican history and the fact that you can not have left Mexico during the 2 years proceding your application (YIKES!).
www.rosenlaw.com.mx/.../Becoming-a-Naturalized-Citizen-of-Me...

rhintransit - 4-25-2012 at 06:52 PM

Quote:

Originally posted by durrelllrobert
here's another link to an imigration attorney that cites all the requirements for applying for Mexican citizenship such as knowing the Spanish language and Mexican history and the fact that you can not have left Mexico during the 2 years proceding your application (YIKES!).
www.rosenlaw.com.mx/.../Becoming-a-Naturalized-Citizen-of-Me...

I was under the impression that to hold an FM2 you are saying that you are living in Mexico and that you are only allowed be be out of Mexico for something like 18 months in the five years of holding an FM2 prior to application for citizenship. if this is the case and you are not yet retired, I wonder if this requirement will trip you up in applying for citizenship.

rts551 - 4-25-2012 at 06:56 PM

Quote:

Originally posted by rhintransit

Quote:

You are correct. But since immigration rely s on you to check in and out, some people well... don't.

BajaBlanca - 4-25-2012 at 07:12 PM

they go by your passport .... They require a copy and any dates you provide are cross- checked via computer

but it is a very small amount of time you can be OUT of Mexico ... I can't recall offhand .... but it is not a lot of time you are allowed to have been out of the country in the previous 2 years to applying for citizenship.

BajaBlanca - 4-25-2012 at 07:14 PM

ladydi I just reread your post and you are not retired yet ??? and you had an FM2 which specifically states you are a resident here ....be careful be careful be careful.

ladydi - 4-25-2012 at 07:30 PM

Yes i did say i was not retired yet as i am not old enough nor my husband.
But we have our own business of which my husband works in Mexico.
We also have a home in Mexico which we spend alot of our time working from.
All of this is knowen by immigration, as you have to prove this in order to get the FM2.

1bobo - 4-26-2012 at 04:15 AM

Quote:

Originally posted by rts551

Quote:

Originally posted by rhintransit

Quote:

You are correct. But since immigration rely s on you to check in and out, some people well... don't.

You mean to say Mexican and U.S. immigration do a cross check of their records of entry/exits???

rts551 - 4-26-2012 at 07:19 AM

Quote:

Originally posted by 1bobo

Quote:

Originally posted by rts551

Quote:

Originally posted by rhintransit

Quote:

You are correct. But since immigration rely s on you to check in and out, some people well... don't.

You mean to say Mexican and U.S. immigration do a cross check of their records of entry/exits???

No nothing that dramatic. With the old FM2 booklet you were required (supposed to) to check out of and back into Mexico using the pages provided. with the new cards the requirement still exists but the procedure is less clear. Bottom line is FM2 holders are supposed to be full-time residents of Mexico and not be absent from the country for an extended period of time. I know of one person whose Immigrado request was rejected because of problems with exit stamps in his passport.

J.P. - 4-26-2012 at 08:33 AM

IT's renewal time agian my Fm expires on May 1st. For the last two years I have been met with a blank stare with any question I asked so I put off going from the FM3 to the Fm2 twice rather than have 7 years on a Fm3 I decided to go to a FM2 this time. agian the same response to all questions. My point being any and all changes I will not get the benifit of for another YEAR. :no:

shari - 4-26-2012 at 09:04 AM

dont forget you are supposed to have all your renewal paperwork in a month before your FM whatever expires...just a heads up!

J.P. - 4-26-2012 at 09:16 AM

Quote:

Originally posted by shari
dont forget you are supposed to have all your renewal paperwork in a month before your FM whatever expires...just a heads up!

I am aware of that part, the point I was trying to express my FM. expires May 1 and by having the paper work in early throws me behind the curve for a year. like I was still carrying around the F M book a year after everyone had the Card. All the changes suposedly take place May 1st :wow:

[Edited on 4-26-2012 by J.P.]

[Edited on 4-26-2012 by J.P.]