• Temporary Regularization Program to Offer Residence Status, Reprieve from Fines
  • April 8, 2015
  • Law Firm: Fragomen Del Rey Bernsen Loewy LLP - New York Office
  • A temporary program has been implemented to provide foreign nationals who entered Mexico on or before November 9, 2012 and have exceeded their authorized stay without starting another permit or visa process with four-year temporary resident status and the ability to apply for a Work Permit if they require one. The regularization process requires a personal appearance at the immigration authority to attest to all documentation.

    The authorities have not confirmed how long the regularization program is expected to last.

    Application Process

    Foreign nationals subject to the regularization process must submit an application with a letter explaining the reason for their irregular status, their original passport or travel document, their last Mexican immigrant-status document, proof of address, the appropriate government fee, and documentation that attests to their residence before November 9, 2012 (e.g. travel tickets, passport stamps, lease contracts, service bills, clinical records, school transcripts, etc.).

    Personal Appearance Requirement

    Upon submission of the documents, the authorities will notify the applicant of an interview date to attest to the information provided. At the appointment, the foreign national must describe the reason for his or her entry, the activities conducted in Mexico and the reason for the regularization request. Applicants will be notified of the decision within 30 calendar days of the appointment.

    Those who are denied regularization can appeal the decision within 15 business days or must leave Mexico within 30 days of the decision.

    Reprieve from Fines and Exemption from Fees

    Foreign nationals who apply for regularization through the temporary program will be excused from paying immigration-related fines to which they would normally be subject. They will only need to pay the government filing fees.

    Those who are able to demonstrate that their monthly income is below the official minimum salary may be exempt from paying government filing fees.

    Restrictions

    The following foreign nationals are not eligible for the regularization program:
    • Those with a pending deportation or repatriation procedure;
    • Those who have had a previous immigration process rejected for providing false information;
    • Those who have been previously deported or restricted from Mexico;
    • Those who are involved in a criminal process in Mexico;
    • Those who have been ordered to leave Mexico by the Migratory authority;
    • Those who have exceeded their authorized stay after January 13, 2015 without starting another permit or visa process; and
    • If the regularization would compromise national security.
    What This Means for Foreign Nationals

    Eligible foreign nationals should benefit from the four-year temporary resident status offered by the temporary program, as well as the reprieve from fines and eligibility for a fee exemption.

    Foreign nationals eligible for the regularization procedure should contact their immigration professional to discuss the application process.