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November 2013 immigration changes


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The one thing that cracks me up is that all the folks who jumped on the Permanente bandwagon believing "they'll never ever have to deal with INM again"? - yeah right, the rules change weekly as you can see, good luck on that one.

Put this in context. We've all played poker for money, when you put your money out on the table did you know the rules? - I'd bet you did, then what if about the time you have 4 aces etc and were ready to cash in, someone jumped up and said "oops, Clubs and Hearts don't count any more" - would you reach for your gun - or? The point being that you never play a serious game without knowing the "rules" which, in this case, are supposed to be "laws" - although it seems that concept is still unknown in Mexico.

I tend to disagree regarding " that we will never have to deal with INM again".

For instance... The people that already have Blue and White Inmigrado Cards, were not affected by the new rules. They are Permanent Residents, and so are we, with the new Green Cards, as long as it states Residente Permanente.

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This was our first renewal , going from the old FM2. We renewed for 3 more years. The expiration date says 2016 . But the number on the back says 1. This is confusing because then it looks like in 2016 we would get a 2. Should we have gotten a 3 or 4 ? I thought you could only have a temporary for 4 years before having to start the process all or go permanente.

That makes more sense. I agree with you that with 3 year renewal you should have more than a one. Did you ask INM why?

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We expect professionalism and logic and we are wrong.

You know Joco, it's been my experience in life that you often get what you expect. If you had children did you say "oh, whatever", and just blow it off? - no, did you ever manage anyone (I have) and I quickly found you get far more when you set the goal posts higher than scratching a line on the ground and saying "just slink across that and you're good". So, you may not expect much and you may be rewarded. Me? - I have far greater expectations from the Mexican people who are bright, smart and can be far greater than what their lower performing members are, or do.

And, good luck Johnny on that one.

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We expect professionalism and logic and we are wrong.

You know Joco, it's been my experience in life that you often get what you expect. If you had children did you say "oh, whatever", and just blow it off? - no, did you ever manage anyone (I have) and I quickly found you get far more when you set the goal posts higher than scratching a line on the ground and saying "just slink across that and you're good". So, you may not expect much and you may be rewarded. Me? - I have far greater expectations from the Mexican people who are bright, smart and can be far greater than what their lower performing members are, or do.

And, good luck Johnny on that one.

I agree and that is why the new rules caught me off guard. The new immigration law was more than fair so I saw no reason for the law to be changed by an agency that appears to have an agenda. If the legislators allow an agency to change the intent of the law this time what will they allow next time?

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I agree and that is why the new rules caught me off guard. The new immigration law was more than fair so I saw no reason for the law to be changed by an agency that appears to have an agenda. If the legislators allow an agency to change the intent of the law this time what will they allow next time?

How did INM change the May 2011 INM law?

The 2012 Lineamientos required by the 2011 Law, fulfill the requirements of the Law, supplying the details of how the Law is implemented. The central intents of the 2011 Law focused on increasing protections for immigrants in Mexico, and the Lineamientos do that in full measures.

The Lineamientos clearly expand protections for immigrants and family members of immigrants. For example, Vinculo Familiar provisions that unite families are especially generous, and fit the requirements of the Law.

The Law directs that retirees living on investment income or pensions be qualified for permanent residency. In full compliance, the Lineamientos dramatically reduced Permanent Residency requirements, allowing foreigners with retirement income, but zero prior years of residency, to become Permanent Residents.

The Law clearly states that visitors must leave Mexico to change their residency status, which the Lineamientos also specify.

The Law clearly states that foreign residents of Mexico must complete 4 years of Residente Temporal to qualify for Residente Permanente. The INM actually effectively lowered this requirement by allowing prior FM2 and FM3 years to count as "Residente Temporal" years - offering more liberal terms than the 2011 Law.

The Law requires that applicants who do not have valid residency permits, must apply at the Mexican Consulates, and the Lineamientos fit exactly by requiring them to apply at Consulates.

The Law says that Residente Permanente offer the same rights as the old Inmigrado status, including the right to work, and the Lineamientos specify those same rights.

The Law and the Lineamientos list exactly the same categories of visa types, so no changes by INM there.

The Law specifies that the spouses of Residente Permanentes qualify for Residente Permanente after 2 years, and the Linieamientos have exactly the same requirements.

In all these broad and significant areas, the 2012 Lineamientos actions fit both the specific requirements of the Law and fit the intents stated in the 2011 Law.

Returning the discussion back to Spencer's original purpose of this topic, the 2013 changes to INM policies also fit the requirements of the 2011 Law, because the Law is intentionally non-specific in many areas, because the Legislators wrote that the specific regulations must be written by INM.

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All of this is one major reason why I will probably go to Mexican citizenship as soon as I can...then INM can do what they want!

Sandrita, are you married, or have you ever been? Did you take a husband's name at marriage? Did you keep that name after a divorce or after being widowed? Is your name on your birth certificate different from your legal name for ANY reason? If so, you will not be allowed even to apply for Mexican citizenship. SRE, in enforcing illogical and nonsensical rules, has become the clone of INM.

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Sandrita, are you married, or have you ever been? Did you take a husband's name at marriage? Did you keep that name after a divorce or after being widowed? Is your name on your birth certificate different from your legal name for ANY reason? If so, you will not be allowed even to apply for Mexican citizenship. SRE, in enforcing illogical and nonsensical rules, has become the clone of INM.

When applying for citizenship, the same name issue comes up SRE requiring that our birth certificate names also match both our passports and INM cards. SRE processes grind to a halt when they find that a passport name does not match the birth certificate or does not match the name on the INM card. INM charges the full RP fee ($3,800 pesos) for changing a name. yuck

Maybe Spencer can tell us if getting a letter from a Notario certifying that the person applying for citizenship is the same as the one with slightly different names on birth certificates and passports (especially due to women taking their husbands name when marrying) is enough to satisfy GDL SRE officials?

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When applying for citizenship, the same name issue comes up SRE requiring that our birth certificate names also match both our passports and INM cards. SRE processes grind to a halt when they find that a passport name does not match the birth certificate or does not match the name on the INM card. INM charges the full RP fee ($3,800 pesos) for changing a name. yuck

Maybe Spencer can tell us if getting a letter from a Notario certifying that the person applying for citizenship is the same as the one with slightly different names on birth certificates and passports (especially due to women taking their husbands name when marrying) is enough to satisfy GDL SRE officials?

It's not enough. Judy, who has notarized statements from the American Embassy, an official note on her passport, every marriage, divorce, and death certificate translated and apostilled, and an aclaración de nombre from a DF notario, will meet with the head of national SRE (not a local office, the national office) next week to see what--if anything--might be possible. So far nothing has worked.

Several weeks ago, I asked Spencer about this but unfortunately did not receive an answer. He's a busy man...

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Sandrita, are you married, or have you ever been? Did you take a husband's name at marriage? Did you keep that name after a divorce or after being widowed? Is your name on your birth certificate different from your legal name for ANY reason? If so, you will not be allowed even to apply for Mexican citizenship. SRE, in enforcing illogical and nonsensical rules, has become the clone of INM.

ALL NAMES ON ALL DOCUMENTS ARE THE SAME! Gracias a Dios.

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I thought I had answered, I have seen a notarized statement in English and then translated to Spanish work, notarized by the US Consulate.

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Wouldn't the easiest thing be to change your present name back to your birth name in a US court and get a new passport in the birth name and then let your visa status expire and get a new one of those in the birth name ....well maybe not the easiest.

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INM and SRE need a course on the various naming systems used on this planet. They seem to expect our names to fit the Mexican system. It took years before I appeared correctly in the local phone book. Once, I was listed by my first name and another year by my middle name. Now, I am listed by my paternal last name, but I imagine that they think it is the name of my mothers family. Oh well. It only took eight years for my wife to get her CURP changed from her maiden/birth name into her married name, so now her visa and CURP match her passport. However, now it seems that SRE would want her birth certificate to match those as well. It will not happen in our system. In their system, a Mexican woman does not change her name.

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You can go to permanente with less than a 3 if you had prior ontime documents and renewals.

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I thought I had answered, I have seen a notarized statement in English and then translated to Spanish work, notarized by the US Consulate.

Spencer, thanks for the info--but it's not working in the DF and it's not working in Hermosillo, where a friend is having the same situation.

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I saw another attorney use it here in Guadalajara and it worked as they hired me to do the translation and the guy now has Mexican citizenship although it was a guy so the name variation wasn't as complex as a woman's situation can be.

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In that case no although they have been waivering on honoring prior documents.

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I saw another attorney use it here in Guadalajara and it worked as they hired me to do the translation and the guy now has Mexican citizenship although it was a guy so the name variation wasn't as complex as a woman's situation can be.

You hit the nail on the head and made an excellent point: this new take on the rules is discriminatory against women and rarely affects men at all. If push comes to shove, a friend of ours just happens to be head of a national agency against discrimination.

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The one thing that cracks me up is that all the folks who jumped on the Permanente bandwagon believing "they'll never ever have to deal with INM again"? - yeah right, the rules change weekly as you can see, good luck on that one.

Put this in context. We've all played poker for money, when you put your money out on the table did you know the rules? - I'd bet you did, then what if about the time you have 4 aces etc and were ready to cash in, someone jumped up and said "oops, Clubs and Hearts don't count any more" - would you reach for your gun - or? The point being that you never play a serious game without knowing the "rules" which, in this case, are supposed to be "laws" - although it seems that concept is still unknown in Mexico.

Giltner, clearly you are upset but your (mis)perception of the immigration system and process in the US is based on your not having had to experience--and suffer through--this process in the states. I have been a permanent resident of the US since 1969. Despite having a permanent card, I'm on my fourth…the last time because, as a permanent resident, you don't pay for renewals. The US decided in its wisdom that it was losing funds; permanent cards in the US now have an expiration date and a fee significantly higher than that charged here. If your appearance changes (according to the CBP officer in Dallas, I didn't look like my passport or my driver license)? Card cancelled…due to a haircut. Plus, my family had to endure endless bs questions about my identity, why I didn't want to become a US citizen, why would I want to live in Mexico….on and on and on with inappropriate and offensive lines of questioning. I thought about registering a formal complaint, but figured my card renewal (which took 10 months, during which I traveled on a travel letter) would be lost somewhere in the process, so I did not. In summary, in my experience, the US Department of Immigration has been functioning similarly to Mexico at the present time. In both, "same 'ole, same 'ole" in the US, just as arbitrary and nonsensical but, for some, without the language barrier. My real test will be when, given the expiry dates, my passport, US immigration card, and Global Entry pass all expire in the same year. A perfect storm coming up...

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