One of the most common myths prevailing in immigration law (which we'll call "immigration myths") in which some foreigners incur while living in Mexico and even some "service providers" (commonly known as "coyotes") who are not familiar with the law is that in order to apply for immigrant status (FM2) one must exhaust all four of the FM3 document´s extensions.
I can categorically affirm that there is nothing further from reality, if we recall the definitions of both immigrant and nonimmigrant we´ll see that the temporality of your stay in Mexico is what determines (or should determine) the document you will recieve, for example, if you are only going to temporarily reside in Mexico and then return to your country of origin, the quality that you should choose is non-immigrant (FM3).
However if you want to live in Mexico in order to definitively establish your residence here, then you must seek Permanent Resident status, and the quality or status you should choose is immigrant (FM2).
One status has nothing to do with the other, and one status is not the consequence of the other, nor is one status consecutive of the other. Therefore, any foreigner can apply directly to the document that corresponds to Immigrant FM2, without having to go first by Nonimmigrant FM3.
You should recall that there are other differences between both statuses or capacities. For example: FM3 (excluding students) is not subject to a limit of absences, so you can leave the country as often as you want as long as you extend or renew your document the following year without consequence.
In contrast, the immigrant (FM2) is subject to a limit of absences, so he can not be outside the country more than 18 months continuously or intermittently with out loss of seniority or cancelation of the document.
Another difference is that all immigrants with FM2 are obliged to inform the National Registry of Foreigners their quality or migratory characteristic changes, nationality, marital status, address and activities engaged in, within thirty days of the change, and this it is not mandatory for non-immigrant visitor with FM3.
Additionally, if you wish to apply for naturalization as a Mexican citizen you will be required to have lived in Mexico with as an immigrant, that is, having had the document FM2, for a period of two years if married to a Mexican or if you come from a Latin American country, or five years in other cases.
It is evident that what determines your immigration status is not the fact that you have previously had a non-immigrant for 5 years, as this situation is irrelevant to apply as an immigrant; this myth can and has lead many to incur in additional costs and unnecessary delays in obtaining their Permanent Resident status or their naturalization.
However if you want to live in Mexico in order to definitively establish your residence here, then you must seek Permanent Resident status, and the quality or status you should choose is immigrant (FM2).
One status has nothing to do with the other, and one status is not the consequence of the other, nor is one status consecutive of the other. Therefore, any foreigner can apply directly to the document that corresponds to Immigrant FM2, without having to go first by Nonimmigrant FM3.
You should recall that there are other differences between both statuses or capacities. For example: FM3 (excluding students) is not subject to a limit of absences, so you can leave the country as often as you want as long as you extend or renew your document the following year without consequence.
In contrast, the immigrant (FM2) is subject to a limit of absences, so he can not be outside the country more than 18 months continuously or intermittently with out loss of seniority or cancelation of the document.
Another difference is that all immigrants with FM2 are obliged to inform the National Registry of Foreigners their quality or migratory characteristic changes, nationality, marital status, address and activities engaged in, within thirty days of the change, and this it is not mandatory for non-immigrant visitor with FM3.
Additionally, if you wish to apply for naturalization as a Mexican citizen you will be required to have lived in Mexico with as an immigrant, that is, having had the document FM2, for a period of two years if married to a Mexican or if you come from a Latin American country, or five years in other cases.
It is evident that what determines your immigration status is not the fact that you have previously had a non-immigrant for 5 years, as this situation is irrelevant to apply as an immigrant; this myth can and has lead many to incur in additional costs and unnecessary delays in obtaining their Permanent Resident status or their naturalization.
If you require professional advice on obtaining your FM3 or FM2 or Permanent Resident status or to obtain your naturalization as a Mexican, we are at your disposal to assist you throughout the process required in our offices located on Isaac Garza Street Poniente No. 1326, between Porfirio Diaz and Ignacio L. Vallarta streets, in the downtown area of the city of Monterrey, Nuevo Leon, Phone No. 044811-2031390 8452-8343, prior consultation by appointment. Emails: mayla.lozano@hotmail.com; martinezylozanoabogados@hotmail.com; mi.services@hotmail.com.
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