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Immigration Updates - August


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  • 2 weeks later...

Yesterday we checked the system and our two clients were finally approved. This was after stress and 2 hearings and a 2 week time period to comply and provide extra translated documents.

Cards from Guadalajara are taking about 2 weeks or slightly less.

UPDATE. Guadalajara now wants another signed power of attorney for us to be able to pick up cards, they decided to implement this on Thursday, we asked why it wasn't an issue Tuesday and they had no answer.

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Yes we know that it seems to be taking less time from fingerprints to card with Temporals in the Chapala INM. Doesn't make any sense to me why it takes longer for Permanentes to get their card from fingerprinting...very disheartening to say the least...

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Our FM-2 expired in June. We renewed temporary and got fingerprinted a month ago.

We stopped by to check on our cards and after they checked online we were told maybe 2 more weeks.

All the cards are made in MX City and we will be e-mailed when they are ready.

Still waiting.

maw

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In the past the Chapala and Guad INMs wanted proof of residency address in form of CFE or TelMex bills, or a lease if the utilities were not in the name of the applicant. Realize rules may be different in SMA where you live.

No, in SMA I always had to show either a utility bill for a change of address.....within 30 days of a move.

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What Linda Warren is referring to is when one changes address between visa renewals. Obviously she missed the point in that this thread is about renewals and documents required at that time. In SMA at time of renewal and when changing an address no proof of address is required.

At time of renewal one simply completes a form indicating address even if new. If a new address INM gives you two separate pages with NUT number, name etc.

We are in INM several times week and know the process well. I also understand what happens in Jalisco varies. By all of us sharing experiences it is a great education and helps to better understand what should be the norm.

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What Linda Warren is referring to is when one changes address between visa renewals.

Obviously she missed the point in that this thread is about renewals and documents required at that time

By all of us sharing experiences it is a great education and helps to better understand what should be the norm.

Why shouldn't Linda share her experiences with immigration issues?

You say that sharing experiences is a great education on what "should be the norm".

Historically, Mexican laws give the local offices and individual government agents in immigration and customs broad latitude and a lot of discretion in how they apply laws, which means that policies are not applied uniformly, even within the same office. Some offices like immigration in San Miguel Allende have been known for years for doing things differently than other immigration offices, so the "norm" at SMA does not fit any other immigration offices. This points to there being very few "norms"?

There are legitimate reasons why some applications go sideways. I have seen some Canadian and US applicants acting calmly, and treating their immigration clerks with respect and ultimately getting very good rapid treatment. As problems arose with their applications, they dealt with the problems patiently, often injecting humor into the situations, while calmly complying with the immigration person's requests with aplomb. In the same office during the same day, I have seen some gringos acting like spoiled children. They don't have their paperwork in order and they start getting aggressive and acting hostile and childishly with the immigration clerks, demanding their rights and complaining loudly about the . These gringos tend to speak only a little very bad Spanish, In talking with the immigration employees, they eagerly say that a few Canadians and Americans make the rest of the group look bad: "mal educacion" , "gruñion", and "egoista" are the common characterizations of these gringos. They really get tired of these gringo's "exigiendo su propio camino, ahorita!", demanding that they want everything, "right away". Ironically, after watching 8 years of this, I have only seen Canadians and Americans acting so badly. I've not seen a single Guatemalan, Cuban, Honduran, German, Frenchman, Italian, Columbian, or Spaniard acting the inappropriate ways of some grumpy gringos. Is it possible that the Chapala immigration office has had too many past doses of mal educacion y comportamientos egoistas over the years, causing them to drag their feet or shelve permanent residency applications from North of the Border foreigners?

It's good to hear from Spencer that some permanent residency applications are now being approved out of Chapala. Maybe the logjam is broken?

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Why shouldn't Linda share her experiences with immigration issues?

You say that sharing experiences is a great education on what "should be the norm".

Historically, Mexican laws give the local offices and individual government agents in immigration and customs broad latitude and a lot of discretion in how they apply laws, which means that policies are not applied uniformly, even within the same office.

The new INM Rules are agency Rules, not laws. Laws are required to be followed and not interpreted by local offices. Under Napoleonic Code the laws are to be followed as they are written.

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The new INM Rules are agency Rules, not laws. Laws are required to be followed and not interpreted by local offices. Under Napoleonic Code the laws are to be followed as they are written.

These claims simply are not true. The "agency Rules", Lineamientos, as published on Nov. 8, 2012 in the D,O.F., are a part of Mexican Law, along with the Reglamento "Rules" as published in the D.O.F. in 2012 are also part of Mexican Law. The immigration offices refer to these two documents as "the rules", distinct from the May 2011 Ley de Migracíon. Just because the Lineaminetos and Reglamento were published separately from the May 2011 Ley de Migracíon, does not somehow magically mean that that are not law.

For at least 2 decades, the local immigration offices are allowed discretion and broad latitude in how they apply the published rules ( Lineaminetos and Reglamento for the "new" 2011 Law). I am guessing that you are confusing local variations in immigration office local policies, with the D.O.F. published rules.

You can claim that "Laws are required to be followed and not interpreted by local offices." , but that faulty advice leaves people open to trying to get things formally listed in the Lineamientos and Reglamento and the 2011 Ley de Migracíon, that neither the Consulates nor the local immigration offices follow, like the 4 year long approval for Residente Temporal cards.

It's best for newbies and people trying to work with immigration and the Consulates, to educate themselves on how things actually work using good sources , and simply sort-out & ignore the faulty non-factual opinions presented as fact. Read Rollybrook.com or Yucalandia.com or MyMexicanLawyer.com and other good websites for factual advice that is reviewed and approved by knowledgeable immigration attorneys, like Spencer.

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The new INM Rules are agency Rules, not laws. Laws are required to be followed and not interpreted by local offices. Under Napoleonic Code the laws are to be followed as they are written.

It's a big chore, but Rolly Brook, Lic. Spencer, Yucalandia Steve, Lic. Solomon Freimuth, Ric Hoffman, Mexico Mike, and a few others have read and digested all 400+ pages of Spanish legalese in the Lineamientos & Reglamento and the 2011 Ley de Migracíon, and summarized key parts for the rest of us back in 2011 and 2012. It would be helpful if other self-styled internet experts got up to speed by reading & understanding the official published immigration rules, before proposing we follow their opinions.

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It's a big chore, but Rolly Brook, Lic. Spencer, Yucalandia Steve, Lic. Solomon Freimuth, Ric Hoffman, Mexico Mike, and a few others have read and digested all 400+ pages of Spanish legalese in the Lineamientos & Reglamento and the 2011 Ley de Migracíon, and summarized key parts for the rest of us back in 2011 and 2012. It would be helpful if other self-styled internet experts got up to speed by reading & understanding the official published immigration rules, before proposing we follow their opinions.

I got news for you, most of the people you cited were unfamiliar with the differences between administrative rules and laws. Can't you find anyone to insult and run off from your site, Yuka Steve?

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These claims simply are not true. The "agency Rules", Lineamientos, as published on Nov. 8, 2012 in the D,O.F., are a part of Mexican Law, along with the Reglamento "Rules" as published in the D.O.F. in 2012 are also part of Mexican Law. The immigration offices refer to these two documents as "the rules", distinct from the May 2011 Ley de Migracíon. Just because the Lineaminetos and Reglamento were published separately from the May 2011 Ley de Migracíon, does not somehow magically mean that that are not law.

For at least 2 decades, the local immigration offices are allowed discretion and broad latitude in how they apply the published rules ( Lineaminetos and Reglamento for the "new" 2011 Law). I am guessing that you are confusing local variations in immigration office local policies, with the D.O.F. published rules.

You can claim that "Laws are required to be followed and not interpreted by local offices." , but that faulty advice leaves people open to trying to get things formally listed in the Lineamientos and Reglamento and the 2011 Ley de Migracíon, that neither the Consulates nor the local immigration offices follow, like the 4 year long approval for Residente Temporal cards.

It's best for newbies and people trying to work with immigration and the Consulates, to educate themselves on how things actually work using good sources , and simply sort-out & ignore the faulty non-factual opinions presented as fact. Read Rollybrook.com or Yucalandia.com or MyMexicanLawyer.com and other good websites for factual advice that is reviewed and approved by knowledgeable immigration attorneys, like Spencer.

The agencies follow their rules, not the laws. Go study administrative law and learn it before passing on your self described brilliance to us. It doesn't matter what anyone thinks, the agency will do what it wants to do.

Don't you fingers get tired of ranting on all the websites because it goes on and on and on forever.

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The new INM Rules are agency Rules, not laws. Laws are required to be followed and not interpreted by local offices.

Under Napoleonic Code the laws are to be followed as they are written.

The agencies follow their rules, not the laws. Go study administrative law and learn it before passing on your self described brilliance to us. It doesn't matter what anyone thinks, the agency will do what it wants to do.

Does this last post mean someone needs to tell immigration and aduana employees that they should not follow the laws, or copies of the law that they currently refer to? The Lineamientos, a published part of the law, and the 2011 Ley de Migracion are what immigration employees follow and refer to when resolving an issue. Or are "Laws are required to be followed and not interpreted by local offices. " Maybe this is why things have been backed up at the immigration office. :wacko:

As a real example, let's use the Points System referred to in the 2011 Law versus lawyer-speak about administrative rules. Some consulates and some immigration offices do use points systems factoring in exactly the points system items that are listed in the 2011 Law, in addition to retirement accounts and monthly deposits, and these offices and consulates do qualify some residency applicants who clearly do not meet the income or savings requirements listed in Lineamientos. Other consulates and other immigration offices refuse to use anything except the fiscal solvency requirements listed in the Lineamientos. This shows that immigration offices use a combination of the rules, and the law, and their own personal discretion when deciding who qualifies for residency. It would be even better if the immigration authorities published details and guidelines for the points system from the 2011 law.

Let's hope for more positive news from the immigration office approving and issuing yet more permanent resident cards.

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