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LEGAL + IMMIGRATION RESOURCES

It's important to know your rights and responsibilities as full and part-time residents who are not citizens of Mexico. Policy and communication between governmental agencies is getting tighter, with more people being held accountable.

Expat Activism

In Mexico, there are laws specific to participating in public demonstrations or speaking in public about issues of concern. Please note the following clarification of the Mexican constitutional law as it refers to temporary or permanent residents, and Mexican citizens.

Residente Temporal

One cannot be involved in election politics, but one may talk about the environment, natural resources, commercial developments, and sign petitions.

Mexican Residente Permanente

May talk about politics and election. Can march in peaceful demonstrations, sign petition, but cannot vote unless a citizen.

Only the Mexican President

Shall have exclusive power to compel any foreigner he may deem inexpedient to abandon the national territory immediately and without the necessity of previous legal action for serious threats against National Security.

Immigration to Mexico

Whether you are a part-time or full-time resident of Mexico, it is important to have a legal immigration status, which is attained with an immigration permit or visa. The following information was provided by Mexperience. There are two kinds of immigration permits: Non-Immigrant and Immigrant:

Non Immigrant Permits are for people who intend to visit Mexico for a specific purpose and then depart :

Immigrant Permits are for people who wish to gain long term permanent residence in Mexico :

Mexican Citizens: whether born here or nationalized

Article #35 of the Constitution sets forth the following: The prerogatives of citizens are:
I. To vote at popular elections;
II. To be voted for, for offices subject to popular election, and to be appointed to any other employment or commission if they have the qualifications established by law;
III. To associate together to discuss the political affairs of the country;
IV. To bear arms in the Army or National Guard in the defense of the Republic and its institutions, under the provisions prescribed by law;
V. To exercise in all cases the right of petition.

Article #33 Foreigners are those who do not possess the qualifications set forth in Article 30. They are entitled to the guarantees granted by Chapter I, Title I, of the Constitution.

Applying for Mexican Citizenship

Specific process

There is a specific process to apply for and acquire Mexican Citizenship (also known as ‘naturalization’). As a minimum you must have applied for, and been granted, permanent resident status, although exceptions to this rule may apply, such as marriage to a Mexican national. If you are under between 18 and 60 years of age you will be asked to undertake an exam, which you must pass, in order to acquire naturalization/citizenship.

Baja Paperworks

Located in el centro in Todos Santos, Baja Paperworks can help you with legal advice, immigration, citizenship, real estate closings and official translations.

Website: www.facebook.com/bajapaperworks/

Telephone: +52 612 348 9765

Notary Public

The office of a Notary Public in Mexico holds far more legal responsibility than the role of a Notary Public in the United States, and this legal role should not be confused with its US counterpart. In Mexico, this role is given only to experienced lawyers who are assessed and appointed by the state’s Governor.

The Notary Public in Mexico has the power to witness and certify important business and civil documents which require absolute authenticity. The appointment also holds responsibility for the management and secure storage of original legal records. All official documents for business, including real estate transactions, should pass through a Notary Public. If you are unsure, take copies of your documents to a Notary Public for cross-check and official verification.

Mexico Immigration Guide

To purchase a booklet on everything you need to know about immigration and visas in Mexico, visit Mexperience. For official Mexican government immigration policy.

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