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We left  for the states as permanentes. On return, however, husband had packed in checked suitcase. ( I know I know) Anyway he had to return as a tourist. 

If he leaves as a tourist and returns as a Permanente, will that work?

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Did he explain situation at INM when he entered?  Or did he just fill out the FMM as a tourist and say nothing at INM?  

My guess is if he explained it to INM they might have suggested you go alone thru INM, get the baggage and his RP then return to INM with it so your husband could then enter properly.  

In any case, you need to call Spencer ASAP and see if he can undo what has been done.  Going out again as a tourist will only compound the situation.

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"MIGRATION LAW
New Law published in the Official Gazette of the Federation on May 25, 2011
CURRENT TEXT
Last reform published 12-07-2018

CHAPTER II
OF THE STAY OF FOREIGNERS IN THE NATIONAL TERRITORY

Article 61. No foreigner may have two conditions of stay simultaneously."

This is in the  new 2011 INM/SEGOB law, not in the rules. I really don´t know what you should do. The INM official should have let you go to get your husband´s card from his suitcase and let you come back to an Immigration desk and hand it to him as this INM official should know the law. It would have taken you about 20 to 25 minutes to return and your husband could have waited there and entered legally and without being given a 180 day FMM tourist card and breaking this INM law. Looks like you unfortunately got an INM offical that isn´t kind-hearted.

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Hi,

 

Here is an article I wrote on how to address this issue  http://www.chapalalaw.com/if-you-lose-your-mexican-immigration-card-outside-mexico/

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6 hours ago, Intercasa said:

Hi,

 

Here is an article I wrote on how to address this issue  http://www.chapalalaw.com/if-you-lose-your-mexican-immigration-card-outside-mexico/

That helps if you actually have lost or had your card stolen.  The OP didn't lose his, it was in his checked luggage, which they wouldn't let him retrieve before going through the immigration point.  What does he do in that case, Spencer?

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He is SOL and will need to start over again. That is the bad news.

The good news is that he can apply in Mexico, under vinca familiar, since his wife has a Residente Permanente visa. That would be easier than having to go back to Canada or the USA with proofs of financial status, etc. Go to INM to apply, or hire Spencer to help with the process.

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Choices are to start over OR enter as permanent and if they ever give you trouble, we can file an appeal, which we have won all our appeals on this issue that we have filed.  Starting over may be quicker and cheaper than an appeal so weigh your options.

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