By Baker & McKenzie Labor

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Who may be interested?
If you know any foreign nationals living or working in Mexico without the corresponding immigration permit, this bulletin may interest you.

What does it deal with?
The Ministry of the Interior has published an administrative rule (the "Rule") aimed at regularizing the immigration status of Foreign Nationals, providing them with an FM3 visa as Non-Immigrants, regardless of their nationality.

Why such a Rule?
The purpose of the Rule is to protect the Foreign Nationals' legal security and family integration, and to avoid corrupt acts as well as violations of their constitutional and human rights.

What are the requirements?
In order to request the immigration regularization, it is necessary to initiate a procedure before the National Immigration Institute (the "NII"), where the Foreign National must evidence that he/she meets the following conditions:
a) Must have entered Mexico before January 1, 2002;

b) Must have had an employment opportunity, or the possibility of performing a legal, honest, and beneficial activity for the country;

c) If the second condition is not met, the Foreign National must evidence having a relationship (first degree) with a Mexican national or a foreign national with legal immigration status living in Mexico;

d) Must not have been subject to a criminal process;

e) Must not have violated national laws or have a criminal record abroad;

f) Must not have violated a final immigration restriction ruling;

g) Must not have performed an economic activity harmful to the economic interest of Mexican nationals;

h) Must be good mental and physical condition, as determined by the Health Authorities; and

i) Must have met other requirements, as provided in other applicable laws.

What kind of immigration documents will be issued?
If the applicant meets the above conditions, the NII may issue an FM3 visa for Non-Immigrants who will be recognized as having an immigration status as one of the following:
a) Student

b) Visitor, in one of the following characteristics: business visitor or investor; technician visitor; visitor living off of resources; professional visitor; trusted employee visitor

c) Economic dependent

During what period does the Rule take effect?
The Rule is effective from September 1, 2005 through June 31, 2006.

If you fall under any of these categories or know someone who does, we recommend initiating the petition as soon as possible. Please do not hesitate to contact us for any comments or queries.

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