Recent changes in the immigration procedures in Mexico impose new obligations and implications for individuals interested in securing a Temporary Resident Visa Form or to correct their immigration status.
Individuals visiting Mexico who have secured a Multiple Immigration Form (“FMM”) or that have an irregular status and are interested in securing a Temporary Resident Form should consider the following two recent legal developments.
First, according to the Immigration Law, an individual who holds an FMM that may have been issued for tourism or to undertake certain short-term activities may no longer request to change status from FMM to a Temporary Resident Form (including a work permit) during his or her stay in Mexico. Foreign nationals are now required to exit Mexico and file a petition for a Temporary Resident or Permanent Resident Visa at the Consulate of Mexico nearest to their home address or via the National Immigration Institute (“INM”), depending on the activities to be performed in Mexico. Exceptions are made in the case of students and foreign nationals who have relationships with a Mexican national or a foreign national with a temporary or permanent resident visa (spouse, offspring or parents).
Second, foreign nationals who are physically present in Mexico with an irregular immigration status have until 18 December 2015, to correct that status to comply with the provisions of the Temporary Immigration Correction Program ( “Program”) published on 12 January 2015. Foreign nationals may submit a petition to the INM requesting the correction of their status and request a visa that may be granted for up to four years.
Given the recent developments, individuals who are interested in residing in Mexico for more than 180 days and less than four years should consider that the process before the Immigration Authorities must begin at the Consulate of Mexico nearest to their home address. If their petition for their residency in Mexico is because of an employment offer, the process should start at the INM by submitting a petition for a Temporary Resident Visa via an employment offer through the Mexican entity that is interested in hiring the foreign national. On the other hand, individuals who are physically present in Mexico with an irregular immigration status should consider the benefits of the Program and request the correction of their immigration status, within the period granted.