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Author: Subject: Residente Permanente with US plated car in Baja Sur
baja-chris1
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[*] posted on 12-5-2025 at 06:00 PM
Residente Permanente with US plated car in Baja Sur


I'm reading in multiple sources that enforcement is happing for a long standing law that basically says if you have a Resident Permanente then you are subject to the same law that says Mexican nationals may not drive a USA (foreign) plated car, even in the free zones. Supposedly this is starting to be enforced in Baja Sur, but no reports yet of it being enforced in Baja.

We have Residente Permanente but have since moved back to the USA and now only come down a few times a year to visit. Seems we need to be rid of our Residente Permanent cards and start getting temporary tourist visas again.

Can I just go to INM at the border and tell them we are leaving for good, or will they require documentation, or a CUSP (we never had one), etc?

[Edited on 12-6-2025 by baja-chris1]
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[*] posted on 12-5-2025 at 06:24 PM


FYI it's a CURP, not a CUSP. And are you sure you don't have one? Mine was listed on my permanente card, without me doing anything to have applied for a CURP. But I know some permanente cards did not have the CURP added.

I know that isn't the meat of your question, though. I don't know for sure, but I doubt that INM agents at the border are authorized to change your immigration status.

You could either:
Go to the border and ask, if you live close by.

Go to your nearest INM office if you are currently in Mexico.

Go to your nearest Mexican consulate if you are currently in the US.

Consult a Mexican immigration lawyer or facilitator.

Just wing it, cross the border into Mexico as a tourist, getting a tourist card, without mentioning your PR status, which supposedly will invalidate your PR. But if your name comes up on their computers at the border as a PR, things might get complicated.

I doubt if anyone on this forum could give you a definitive answer, as voluntarily giving up one's permanente status is uncommon.
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baja-chris1
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[*] posted on 12-6-2025 at 10:30 AM


My card does not have a CURP on it. I can ask about revoking it at INM but maybe it would be better to not poke the bear so to speak.

I'm thinking I could just leave the card at home and get a temp tourist visa next time. If the computer flags it then just say I lost the card.

My passport has the Mexican Visa in it, cannot be removed. It says it's for the purpose of getting permanent residence but it also has an expiration date that is long past. So if that comes up at a checkpoint I could say I never got one.

Its hard to know what to do when the enforcement and SOP changes.
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bajatrailrider
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[*] posted on 12-7-2025 at 08:33 AM


So far I know of no problems in Baja PRs driving USA cars. Baja sur another story if ever problem in Baja. I only have one mex plated truck all others Us. If that day comes I will throw away my Pr go back to Visa. As the mex truck only used off road.
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[*] posted on 12-7-2025 at 11:01 AM


cars confiscated at San Ignacio checkpoint a week ago
big operation at km 22 north of La Paz a few days ago

bottom line - with a Residente Permanente you are just like a Mexican and can not legally drive a foreign plated car.

the La Paz operation was warning Gringos
in San Ignacio they were less sensitive and confiscated cars and belongings

from what I hear the operations are staffed mainly by customs agents from Tijuana

https://www.bcs.gob.mx/realiza-gobierno-estatal-operativo-de...




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[*] posted on 12-7-2025 at 12:05 PM


It has always been the case that permanentes can't drive a foreign-plated vehicle, it just wasn't enforced in Baja. In fact, years ago when I came up through Tecate and needed to have the TIP sticker removed and a receipt that I had removed my Canadian plated car from Mexico, as I was a permanente, the Aduana agent asked where I had heard that we couldn't drive foreign-plated cars. He wasn't even aware of it.

Baja and the northern mainland being a free zone for vehicles never had anything to do with the law about permanentes' vehicles- it just meant you didn't need a TIP if you were a tourist or temp resident driving in those areas.

[Edited on 12-7-2025 by surabi]
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[*] posted on 12-7-2025 at 01:33 PM


Quote: Originally posted by 4x4abc  
cars confiscated at San Ignacio checkpoint a week ago

Whose cars and why?

Where did you get that information? You happen to have a link to more?




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[*] posted on 12-7-2025 at 03:28 PM


I have only 2nd hand information and have not been able to track the original posts




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[*] posted on 12-7-2025 at 04:11 PM


Quote: Originally posted by lencho  
Quote: Originally posted by 4x4abc  
cars confiscated at San Ignacio checkpoint a week ago

Whose cars and why?

Where did you get that information? You happen to have a link to more?


Quote: Originally posted by 4x4abc  
I have only 2nd hand information and have not been able to track the original posts


Baja and BCS much more enforcement of the laws for all sorts of things. Follow the law. It ain't that hard.




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[*] posted on 12-7-2025 at 07:27 PM


https://www.gob.mx/sesnsp/acciones-y-programas/regularizacio...

It’s been the the law for a number of years, but it appears that it has not been enforced, now it appears to be,

Would suggest finding a competent local resource to guide you through the legal steps, if you might be in this boat, depending on chat groups to get the proper legal process, most likely will not have a great outcome, curious though, have they stop and take vehicles in an baja Norte, the inter webs suggest so far only baja sur
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[*] posted on 12-7-2025 at 07:34 PM


Also had a stop north of Todos Santos, a friend that had just got pernamente, and had proof of importation paperwork, was advised to go home and leave the vehicle there until the process is completed,

At the end of the day we are guests, and must follow the rules and laws as they change, folks north of what ever which ever border would expect the same from our neighbors from Mexico traveling north .

It’s not the Wild West in the baja anymore
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[*] posted on 12-7-2025 at 07:36 PM


Also had a stop north of Todos Santos, a friend that had just got pernamente, and had proof of importation paperwork, was advised to go home and leave the vehicle there until the process is completed,

At the end of the day we are guests, and must follow the rules and laws as they change, folks north of what ever which ever border would expect the same from our neighbors from Mexico traveling north .

It’s not the Wild West in the baja anymore
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[*] posted on 12-7-2025 at 08:38 PM


More like holidays coming need money :thumbup:
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[*] posted on 12-8-2025 at 08:04 PM


lotsa panic in Gringo-Land!

here is the latest:
https://www.facebook.com/groups/534958289989059




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[*] posted on 12-9-2025 at 07:46 AM


Quote: Originally posted by 4x4abc  
lotsa panic in Gringo-Land!

here is the latest:
https://www.facebook.com/groups/534958289989059


Baja Legal Advice (your link) looks very efficient about details for foreigners to know regarding the laws/ rules about becoming a Mexican resident.
Thank you, Harald.

I think this post is what applies:

Are you a permanent resident in Mexico for tax purposes?
Driving a foreign-licensed car in Baja California.

My good friend Hank Morton (President, Baja Bound Insurance) had a fascinating conversation with the Sud Director of the legal Department at SAT Tijuana concerning the issue with the matter of expats with a permanent resident visa driving foreign-plate cars in Baja California, and this is what he was told.

“He told me that they (SAT) would interpret clause 3.4.8 above as a resident for tax purposes under article 9 of the Tax Code. Your migratory status would have no bearing (ie. if you’re a temporary or permanent resident).

Here's a simplified interpretation of Article 9 regarding residency in Mexico:
Who is considered a resident?
Individuals:

People living primarily in Mexico are residents.
If someone has a home in Mexico and another country, they're residents of Mexico if:
1. More than 50% of their income is generated from Mexican sources, or
2. Their main job is in Mexico.
3. Mexican citizens working for the government are considered residents, even if they work abroad.

Organizations:
Companies or legal entities are residents if their main business operations or management are in Mexico.
Tax Residency Rules:
If individuals or organizations change their tax residence but haven't established residency in a country with favorable tax agreements with Mexico, they can still be considered Mexican residents for up to five years.
People or entities that stop being Mexican residents must notify the tax authorities 15 days before moving. If they fail to do so, they remain residents.

In fewer words:
The above tells us that there is permanent residence for immigration purposes and permanent residence for tax purposes.
So the director concluded that people who are permanent residents for immigration purposes and are not permanent residents for tax purposes can legally drive their foreign plated cars in the peninsula with no issues.

So, please don’t take your US-licensed car back to the border; keep driving it here.

I know, my head was also spinning for a while.
Regards.
Rafael Solorzano.

Source: https://www.bajabound.com/


[Edited on 12-9-2025 by David K]




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[*] posted on 12-9-2025 at 10:13 AM


The above is irrelevant. It's like thinking that US customs and immigration law interpretations are decided by the IRS.
The law about permanentes driving foreign-plated cars is under the jurisdiction of Aduana, not SAT. It has nothing to do with being a legal resident for tax purposes.

One would be an fool to follow this SAT director's advice for permanentes to ignore the aduana law and continue driving their foreign plated car around. If Aduana confiscates your vehicle, good luck protesting that "But the director of the legal dept. of SAT in Tijuana said...."
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[*] posted on 12-9-2025 at 11:21 AM


here a short version from the leading immigration/customs attorney (Baja Paperworks) in La Paz:

https://www.facebook.com/chava.ramirez.18




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[*] posted on 12-9-2025 at 12:35 PM


Quote: Originally posted by 4x4abc  
here a short version from the leading immigration/customs attorney (Baja Paperworks) in La Paz:

https://www.facebook.com/chava.ramirez.18


That link goes to "This content isn't available right now
When this happens, it's usually because the owner only shared it with a small group of people, changed who can see it or it's been deleted."
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[*] posted on 12-9-2025 at 01:30 PM


Quote: Originally posted by surabi  
The above is irrelevant. It's like thinking that US customs and immigration law interpretations are decided by the IRS.
The law about permanentes driving foreign-plated cars is under the jurisdiction of Aduana, not SAT. It has nothing to do with being a legal resident for tax purposes.

One would be an fool to follow this SAT director's advice for permanentes to ignore the aduana law and continue driving their foreign plated car around. If Aduana confiscates your vehicle, good luck protesting that "But the director of the legal dept. of SAT in Tijuana said...."


I asked the expert



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Harald Pietschmann
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[*] posted on 12-9-2025 at 01:34 PM


more:



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