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When to apply for Permanente?


Sarita

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My immigration comes up for renewal April 25th, and this makes 5 years so I become Permanente. I have been told differing things regarding the date I can put in my application. First I was told I can apply up to 3 weeks prior to the expiration date (as early as April 4th) and just recently was told can not apply until the day of expiration. Can anyone clarify with information that jives with current Immigration Department policy for Jalisco? Gracias.

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You can apply 30 days prior, if they complain, show them this image from the INAMI web site

RM.jpg

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30 natural is 30 calendar, 30 business would be 30 dias habiles

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It varies depending on workload, if they have a new guy, if staff is on vacation, if they lose your file, if the fast guy gets it, etc. Plan on 2 to 3 months start to finish.

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A neighbor of mine in Rincon de Guayabitos is in a similar situation. They've renewed their temporals 4 times without a gap and have now applied for permanente in Nuevo Vallarta. INM there says a new rule went into effect just last week requiring 12 months of original bank statements, translated and notarized. I've not read anything on this board about any such change. Was there a recent change or is the INM office over there just making up this requirement?

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This probably is a stupid question but my neighbor said she is forced to get her permenente this year as she cannot get an fm3 anymore she has been here too long. I was under the impression that there was no limit to how many years one could remain temporal? TIA

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True. The Residente Temporal has a maximum life of 4 years. Then, if one wishes to remain Temporal, a new application must be made at a Mexican Consulate in your home country after the first visa has expired. Fresh financial requirements must be met.

The only reason I can think of for doing that would be to be able to keep a foreign plated car. Probably not a wise choice for too long, as Permanente has other advantages and a Mexican plated car can be driven in the USA, without fees, deposits or hassles, for up to a year at a time.

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A neighbor of mine in Rincon de Guayabitos is in a similar situation. They've renewed their temporals 4 times without a gap and have now applied for permanente in Nuevo Vallarta. INM there says a new rule went into effect just last week requiring 12 months of original bank statements, translated and notarized. I've not read anything on this board about any such change. Was there a recent change or is the INM office over there just making up this requirement?

I was on a Residente Temporal for 2 years under the "Vinculo Familiar" law, married to a Mexican National and went in after 2 years to get a Residente Permanente last Nov. [30 days before the expiration date] They also wanted 6 months of bank statements. I printed them online and handed them in. Not translated or notorized and they said fine and I asked if the balances/deposits needed to be a certain amount and they said no, just any balance or deposits will do. We want them to show that you can pay your bills, that´s all.

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No new law requiring 12 months bank statements unless they do not have the 4 years or apply earlier than 30 days. There may be more to the story but also immigration could be wrong. The translation requirement by an official perito is part of the law.

They have some new people so at time we fight with them and in the end they give in as some of the new people get confused.

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Married to a Mexican national and being temporary resident (with marriage recorded with INM for 2 years) should lead to PR with no financials.

I asked this week at our INM if a TR can avoid becoming a PR after 4 years and the answer was "yes" and locally with a regularization, fine and financials but TR visa must not have expired by more than 55 days. Car becomes an issue though.

Back to original post.... here we can apply 30 calendar days before expiration of a TR visa after 4 years but they will not start process until expiration date.

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Also be aware that if you allow your temporary to lapse in order to do a regularization your car will be illegal in Mexico, you will lose any deposit paid and you will have to get a retorno seguro to be able to drive to the border (at your leisure but cannot drive around in the meanwhile) so you can get old sticker removed and then pay for a new one with deposit.

Also you need to show financials again and have them translated, pay a regularization fee and fine.

Another option, although in practice can be problematic is to return to the US a day before your visa expires so you dont lose deposit and then wait 2 days and the day after it expires go to a Mexican consulate to apply for a new one. If you have to make the trip anyways it is best to avoid fines and retorno seguro and get your deposit back. One client reported that a consulate in Sacramento checked and saw they had an immigration document and wouldnt give them a new one starting from scratch even though the one they had was expired. I dont know if this was an isolated incident, the whim of those in Sacramento or something that you should take into account.

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