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Found 5 results

  1. My Husband just crossed the border at Nogales. It was early Tuesday morning, and he said that exiting the car at aduana, it took 45 minutes to get to the front of the line. He says he’s never seen so many US vehicles exiting; trailers pulling cars, boats, cars and boats on the same trailer , US plate after US plate. He went to the global exit lane and said it took an hour just to get to that lane. Seems to be a mass exit. Are people afraid to keep their cars in Mexico because of a border closing?
  2. I discovered to my horror that I was 4 days late for renewing my temporary resident Visa. I rushed to immigration in Chapala and was told that all I could do was either return to the US A and start all over again or go through a very lengthy paper process in Mexico. The woman at immigration suggested I go back to the States as it would be easier. I really cannot go back to the States for a number of personal reasons, including that someone I care about very much really needs my help right now. I have read through all of the information on this topic and cannot locate an answer to the following questions: Has anyone been through this situation recently and, if so, how did you resolve it? Is working with a lawyer to get one's Visa back on track expensive? If so how expensive? If one goes for the return to the United States option, how long would it take at a local consulate to file for a resolution of this problem? What is the punishment if a person is caught with an expired Visa? Does this lead to deportation, incarceration, a fine, and or the inability to leave Mexico and then return at some point in the future? Before I see a lawyer for help, I want to be as informed as possible Thanks for any information you can provide.
  3. Regularization (Amnesty) Program for people illegally in Mexico for 2017 On Tuesday, October 11, 2016 the amnesty program of 2015 will be brought back for the year 2017 and will apply from January 9, 2017 until December 19, 2017. The first publication about the program was made in the Daily Federal Register on January 12, 2015 and lasted until December 18, 2015. We saw how the National Immigration Institute applied the prior amnesty law so we now know their slight nuances as compared to the text of the law published. This program mentions nothing about paying fines nor having to show income to qualify. Here is the 2017 publication in plain English ASSUMPTIONS (Art. 2) The present program applies to foreigners who entered Mexico before January 9, 2015 and on January 09, 2017 find themselves living in the country with an irregular immigration status. The aforementioned is when the foreigner does not fall into one of the following situations: -Have a pending immigration request except those expressly canceled in order to participate in this program. -Are in the process of an assisted return procedure or deportation -Given false information or false documents to Immigration or authentic documents obtained fraudulently. -People deported with reentry restrictions -People with pending criminal charges or a criminal record -People who compromise national security due to past criminal records -People subject to express prohibitions dictated by a competent authority -Having not complied with a deportation order during the program period -Having been illegally in the country after January 9, 2017. -Anything else covered by the Immigration law and its regulations. In the cases of V and VI the authority will weigh the corresponding resolution attending to the principles of social redapatation as well as those relative to family reunification. REQUIREMENTS (Art. 3) Foreigners requesting their regularization per this program need to present the following in original and copy: Immigration request form Request letter stating desire to participate in program and explaining how they became illegally in the country. Passport Immigration document (in the event the person had one) One of the following documents that proves their residence in the country prior to January 9, 2015: -Airline tickets -Passport with entry stamp -Immigration document (in case the person was regular in Mexico) -Utility bills (light, water, phone, internet, TV, gas or any other utility) -Medical file, school records or rental contracts -Any other document issued by a public agency that shows the requestor has resided in Mexico or -Declaration signed by two people who know the person and state they have lived in the country -for the time required. The documents can be in the name of the person or their children, partner or spousal figure. Documents that prove their current residence (light, water, phone, internet, TV, gas or any other utility). Payment of regularization fees (fees can be waived in certain situations) Copies of ID of people authorized to present papers. PROCEDURE (Art. 4) The procedure for the person requesting the regularization of their immigration status is the following: Present documents at Immigration as mentioned prior where they will have a hearing on the spot or set the date for a future hearing. The future date shall not be more than 10 business days after the papers are turned in. They will make a written record of the hearing and go over all the paperwork presented. Immigration then has 30 days to give a response. If the response is positive then they shall issue a temporary resident document good for four years. Once the person has the document they may request work permission as well as documents for family members. For the issuance of the document the person will need the original positive resolution and a copy, 2 copies of the format basico, 3 photos, payment of fees. Immigration may not arrest anybody who applies for the program due to their irregular status.
  4. A client just informed me that he was turned away at the Laredo, Texas Mexican consulate because he didnt have an appointment and that they said the visa process now takes 3 days. This seems to be a drastic change from before. Has anybody else experienced this?
  5. Last month, June 2015, immigration circulated an internal update to their offices with changes to how they would treat renewals for people who have work permits. There was no change in the current immigration law or its regulations. This change was made at the whim of higher-ups in immigration. This change will apply to people who did not originally enter Mexico with an offer of employment work visa and will only apply to those who entered with a regular temporary visa and who later changed to a visa with permission to work. People renewing work visas obtained which were changed from temporary visas will be required to submit bank statements to prove that they either have income from outside Mexico or savings that meet the published Residente Temporal guidelines (400 times minimum wage or 28.040 pesos for income or 20,000 minimum wage or 1,402,000 pesos in assets. This makes no sense as one who is working in Mexico will not have income from another job outside Mexico. Also, the income limits are different for applications within and outside Mexico as outside the limits are less. Which income / asset standard will they apply? What is one qualified at the consulate for a lesser amount and now within the country they need to show a higher amount? To be clear, the law and procedure manual published on November 8, 2012 still states in Article 34 that for renewals one only needs to present a letter showing the person still has the same job and how long the job lasts. No other type of renewal visa asks for income documentation to be submitted. The only time a person needs to submit income documentation is if they renew late (regularizacion) or they change the condition of stay (cambio de condicion de estancia) to one where income / assets need to be proven. I am confident that we can win this on appeal or federal lawsuit but that is extra time and money and while we are on appeal they will not allow you to travel unless we file an amparo so you need to plan to be stuck in Mexico for a while. The first administrative appeal can take 4 to 6 months from the time you are denied until we receive a resolution and if we need to file a federal suit in the administrative tribunal (TFJFA) it can be another year extra until you get things back to normal. Those of you out there who are in this situation would be advised to save your money and plan accordingly so you will not have problems when it is time to renew. Lic. Spencer Richard Mc Mullen is an attorney and official court translator who has offices in Chapala and Guadalajara and specializes in immigration and administrative law and has litigated in all courts and wins his cases. Lic. Spencer may be reached at 376-765-7553 Chapala / Guadalajara (33)1592-3801 www.chapalalaw.com
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