Published On: Thu, Feb 5th, 2015

Acquiring the Mexican Nationality 

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In order to acquire the Mexican Nationality, two processes can be initiated:

One is for persons who were born from Mexican born parents, in Mexico or in a foreign land or from parents who acquired the Mexican nationality through the Naturalization process.

The second process is for foreigners who reside in Mexico and want to acquire the nationality using the Naturalization process.

 

This article will be on the process to acquire the Mexican nationality by Naturalization.

In 2007 the immigration department (IMSS) and the department of the Secretary of External Relations (SRE) decided to deny to foreigners the possibility of acquiring the nationality on the base that an FM-3 did not provide residential rights. At the time of the change the arbitrary decision was contested by the author as been a decision contrary to the letter of the law, in 2009 a new bylaw was enacted to make the arbitrary decision into law.

Thus now only persons with an FM-2 or Inmigrado status (immigrant) can apply to acquire the Mexican nationality by Naturalization process.

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To be able to understand the process one has to refer to the Nationality law (Ley de Nacionalidad) and its new Bylaw. Article 19. of the law stipulates that the foreigner has to present a request indicating his or her will to acquire the Mexican nationality and formulate the renouncements stipulated in article 17. of the same law once the document called “Carta de Naturalizacion” (Naturalization Card) is emitted, then the article establishes the applicant must be able to speak Spanish, have knowledge of the Mexican history and be integrated into the Mexican society and finally the article stipulates that to apply the established requirements in the article correctly one must refer to the By-Law of the law.

Article 14, Chapter III. Of the bylaw stipulates clearly that a foreigner’s residence in the Mexican territory will be accredited with the immigration document indicating the status of “inmigrante o inmigrado” (one who has immigrated o immigrant) except for refugees. Article 15. of the said bylaw first paragraph repeats the conditions indicated In article 19. of the Law but in its second paragraph it indicates that one is considered as a refugee or has less than 18 years of age or more has had more than 60 birthdays the only requirement will be that he or she can speak Spanish.

Articles 16. to 20. of the Bylaw establishes what is the required documents one must present depending on the applicant’s motive and status indicated in article 20. of the Law.

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The question is where should I file my request? In the event that one applies at the local SRE office one must realize that said offices have only one duty, accept, remit and receive the application and because only once every 30 days the diplomatic pouch goes or returns to the local delegation the time one as to wait is much longer than if one invest in going to Mexico city main offices of the SRE to apply and receive the “Carta de Naturalización” along with a lawyer who will assist and supervise the process.

In conclusion, it is recommended that one who is residing in Mexico should acquire the Mexican nationality so that he can enjoy being part of the society and at the same time retain is first nationality. The advantages are numerous, be able to vote, easier processes in banking, fiscal and legal matters, work and having the right to acquire Real Rights on real estate property and not having to report to immigration each and every year.
In the event that the reader would like more information on the above subject please send an e-mail to can-am-mex-law-firm@hotmail.com.

 

Source: http://www.bajainsider.com/

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