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Wednesday, January 9th, 2008...2:42 pm


Mexican Immigration and Dual Citizenship

It is time again for me to renew my FM 3 “rentista” visa, so today I walked the ten or twelve blocks to the office. Again it was a very pleasant experience. The staff there knows me by sight, greets me warmly, and is patient with my still often insufficient Spanish. This is the second renewal of my visa, in addition to an address change and a couple of visits to translate for friends. I will return in one week to pick up my renewed visa, which must renewed each year.

There was a moment of levity during my visit. My computer has an English keyboard so in my letter requesting renewal of my visa I had typed ‘ano’, not ‘año’ as is correct in Spanish. The fellow helping me, who has helped me a number of times previously and has been very kind, pointed out to me that ‘ano’ is Spanish for ‘anus’. Actually he referred to it as a part of the body; and, chuckling, added the tilde over the ‘n’ in my letter with his pen. I have since located a site on line where I can type words with special Spanish diacritical marks and paste them into a document.

Once an extranjero has resided legally in Mexico for five years he or she may apply for Mexican citizenship. It is, I understand, a rather pro forma process. One applies, pays the fee, citizenship is approved, and once a year the President of the republic conducts a mass swearing in in Mexico City.

For those interested, here is the Mexican Secretaria de Relaciones Exteriores web page which enumerates the requirements in English.

I have a number of times read or heard gringos assert that a USA citizen may not have dual nationality or that obtaining citizenship in another country will result in the loss of USA citizenship. Assertions that are absolutely false.

There is a USA State Department web page which discusses the matter. The information on the page indicates that “U.S. law does not mention dual nationality or require a person to choose one citizenship or another…” and that in order to lose one’s USA citizenship one must demonstrate “the intention to give up U.S. citizenship” (emphasis added).

“Intent can be shown by the person’s statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person’s allegiance.

“However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there. Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship. Most countries permit a person to renounce or otherwise lose citizenship.”

Another State Department web page addresses the renunciation of one’s USA citizenship, indicating in part:

B. ELEMENTS OF RENUNCIATION

A person wishing to renounce his or her U.S. citizenship must voluntarily and with intent to relinquish U.S. citizenship:

  1. appear in person before a U.S. consular or diplomatic officer,
  2. in a foreign country (normally at a U.S. Embassy or Consulate); and
  3. sign an oath of renunciation

Renunciations that do not meet the conditions described above have no legal effect. Because of the provisions of section 349(a)(5), Americans cannot effectively renounce their citizenship by mail, through an agent, or while in the United States. In fact, U.S. courts have held certain attempts to renounce U.S. citizenship to be ineffective on a variety of grounds, as discussed below.

I expect, when able, to apply for Mexican citizenship and to obtain a Mexican passport.

 

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15 Comments

Filed under Dual Citizenship, Mexican Immigration

15 Comments

  • Larry Lenwell
    January 9th, 2009 at 10:53 pm

    I was under the assumption that you had to have an FM2 for 5 years before becoming a Mexican ciotizen, not an FM3 as you have stated here. Also, the time you have your FM3, does not count towards the 5 years when you apply for your FM2, however it did in the past.

  • Kevin McDermott
    February 21st, 2009 at 4:56 am

    On monday I took my Mexican history test and passed. Here was the prossess. You can have a FM-2 or FM-3no matter. 5 years of living in Mexico and you can not leave for the last 2 years. When you apply you must be able to speak spanish. (enough to get buy) When you pass this part you will pay some fees. About $200.00 usd as I remember. Then you wate 2 years .One day when you least expect it you get a regesterd letter.(yes ,in Mexico)At that point you must pay more fees ($200.00 usd) and take a Mexican history test ,you must at least 80%on the test.

  • Gringo Loco
    February 21st, 2009 at 7:42 am

    Hi Kevin,

    Thank you very for the authoritative word on the citizenship process, congratulations, and nice going on the history test.

    After receiving Larry’s comment, above, I asked two of different staff members in the immigration office here and was told one must possess and FM3 for five years and an FM2 for another two years before applying for citizenship.

    The Ministry of Foreign Affairs web site and the law to which it refers squares with what you have reported.

    Was the history test difficult?

    Thanks again.

  • Ruminations of an Expatriate » Blog Archive » So You Want To Move To Mexico?
    March 13th, 2009 at 3:43 pm

    [...] may also be interested in my Mexican Immigration and Dual Citizenship and enrolling in the Mexican national health insurance system posts. Share, Bookmark, or Email [...]

  • Kevin McDermott
    March 17th, 2009 at 4:17 pm

    I just kept my FM-3 I never changed to a FM-2. I never had a problem using my FM-3 for citizenship with SRE. I had 8 years of FM-3 and never did I have a problem using it for citizenship. I can tell you the test was a brain burner.

  • Kevin McDermott
    March 17th, 2009 at 4:20 pm

    P.S. SRE will look at your FM-# or FM-2 and pessport to see if you left Mexico in the last two years.

  • Gringo Loco
    March 17th, 2009 at 10:09 pm

    Hi Kevin,

    Thanks for stopping by and for all of the good information.

  • TS
    May 9th, 2009 at 10:18 am

    Great information here thanks a bunch. I am curious about how they can tell if you’ve left the country? Whenever I cross the border they never stamp my passport so technically since I came here I have never left other than to do the paperwork for my FM3. I am quite curious about this test though and I guess I will need to get into a Spanish class to brush up on my Spanish. Sounds like fun times ahead.

  • Gringo Loco
    May 9th, 2009 at 10:30 am

    Hey TS,

    I don’t know the answer to your question, but when entering Mexico the passport information is recorded, presumably into a data base accessible by immigration officials.

  • Theresa in Mérida
    May 14th, 2009 at 9:45 pm

    The few times that I have left Mexico, they have stamped my fm3 plus I filled out a form, one copy stayed with me and one turned into the gentleman at the desk in immigration. When I have entered Mexico they have stamped both my passport and my fm3. That is why immigration wants a photocopy of all the pages of your passport and your visa when you renew, so they can compare stamps since you are required to use your visa to exit and enter Mexico.
    As for the test and citizenship process in Adventures of a Third World Shopkeeper http://eddiesayshola.blogspot.com/
    Eddie has written about applying and receiving his citizenship.
    regards,
    Theresa

  • Gringo Loco
    May 14th, 2009 at 9:55 pm

    Hey Theresa,

    Thanks for contributing additional information.

    A bit later: I got curious and looked at my passport and my FM3. My visa is stamped for each exit from and entry to Mexico. My passport, however, has no stamps, though I have not traveled to the USA since I received a replacement passport in Feb. of 2008.

  • Theresa in Mérida
    May 15th, 2009 at 10:46 am

    It’s my understanding that Cuba routinely doesn’t stamp US passports to avoid any problems for the passport holder. I have had my passport stamped at the airport and not stamped at the Mexican border when crossing by car, so I guess it’s a TIM thing.
    regards,
    Theresa

  • Gringo Loco
    May 16th, 2009 at 11:24 am

    You are correct, Cuban immigration authorities have never stamped my passport.

    Hasta luego

  • Gringo Loco
    May 17th, 2009 at 9:34 pm

    I just ran across this four year old report , from which I excerpt.

    Under Mexican law, any foreigner living legally in Mexico on a work or residency visa for five years can apply for citizenship. Applicants must prove they are
    proficient in Spanish and pass a test on Mexican history and culture.

    The waiting period drops to two years if residents are married to a Mexican, give
    birth to a child in Mexico or provide a “special benefit” to Mexico. Big investors,
    actors and professional athletes often get this special treatment.

    Candidates for citizenship used to have to have an FM-2 visa, which forbids residents from leaving Mexico for more than 18 months during a five-year period. But in 1998, Mexico began allowing residents with the less restrictive FM-3 visa to apply for citizenship, too. It also reduced the residency requirement from five years to two years for anyone from Latin America, Spain or Portugal.

    The above squares with what I’ve read of the Mexican immigration and naturalization laws at Mexican government web sites. An FM 3 is defined in Mexican law as a “residency” visa and the naturalization law requires that one reside in Mexico for five years subject to a “residency” visa.

    Also, keep in mind that the La Secretaría de Relaciones Exteriores (SRE) regulates naturalization, while the El Instituto Nacional de Migración deals with visas.

  • Bob Cox
    June 13th, 2009 at 11:13 pm

    Gringo Loco.. that´s basically right. I´m atempting to get naturalized also, my wife is a mexican citizen. They told me I have to have an FM3 for three years, then an FM2 for 2 years after which I can be Naturalized. I´ve got one more year to go on the FM2. Even though I´ve lived here 40 years… being on a Tourist visa doesnt count..dont ask me why I didnt do this years ago…its a long story.
    Laws change, you need to keep updated.

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