Change from Visitor by humanitarian Reasons to Permanent Resident

Once obtained the recognition of the refugee status, political asylum or stateless, this condition of stay may be granted.

Immigration Law

Asylum (Article 3).Foreigner who is recognized as such, under the terms of the Law on Refugees, Asylum and Complementary Protection. 

Stateless (Article 3). Anyperson who is not considered a national by any State’s law.

Additional protection(Article 3).Protection that the Secretariat extends to a foreigner that has not been recognized as a refugee, consisting in not going back to the territory of another country where his life would be threatened or in danger of being subjected to torture or other cruel, inhuman or degrading punishment.

Refugee (Article 3). Foreigner who is in national territory and it is recognized as a refugee by the corresponding authorities in accordance to international treaties and agreements that Mexico is part and its legislation.

Visitor by Humanitarian reasons(Article 52).  This condition shall be granted to foreigners who are in any of the following cases:

1. a) Being offended, victim or witness of a crime committed in Mexico.

For purposes of this Act, without prejudice to other legal provisions, shall be considered as the offended or victim to the person who is the passive subject of the criminal act, regardless if it is identified, apprehended, prosecuted or convicted perpetrator and regardless of the familial relationship between the perpetrator and the victim.

To the offended, victim or witness to a crime who is given the condition of stay of Visitor by Humanitarian Reasons, will be authorized to stay in the country until the process has been concluded. At the end of it, the foreigner must leave the country or apply for a new condition of stay, with the right to enter and exit the country as many times as he or she wishes and with a work permit able to receive remunerated activities in Mexico.

1. b) Being a child or teenager unaccompanied, in terms of Article 74 of this Law.
2. c) Be applicant of political asylum, recognition of refugee status or supplementary protection inMexico, until their immigration status is resolved. If the request is positive they will be granted the status of Permanent Resident stay in terms of Article 54 of this Law.

The Secretariat may also grant the condition of stay of humanitarian visitor to foreigners not mentioned in the above cases, this when there is a humanitarian or public interest that requests the foreigner presence in the country, in which case they will have a work permit.

Article 53. Visitors, except for:

• Humanitarian reasons.
• Those who have ties with Mexican citizens, or with a foreigner with legal residence in Mexico.

Cannot change their condition of stay, and will have to leave the country at the end of the authorized period of stay.

Article 54. Permanent residency will be granted to those foreigners that meet any of the following requirements:

• For reasons of political asylum, recognition of refugee status and complementary protection or stateless determining, after fulfilling the requirements of this Act, it’s Regulations and other legal provisions.
• For the right of family unit preservation in the event of Article 55 of this Law.
• Retired foreigners or pensioners who have the average income required by law.
• When four years have passed since the foreigner has a temporary residence permit.
• By having children with Mexican citizenship by birth, and
• For being ascending or descending in a straight line to the second degree of a Mexican by birth.

Foreigners who were granted the status of permanent resident stay will be able to obtain a permit to work in exchange for remuneration in Mexico subject to a job offer and the right to enter and leave the country as many times as they wish.

Likewise, permanent residents can enter their personal property, in the form and terms determined by the applicable law.

Article 59. Temporary and permanent residents, except for those requesting political asylum, recognition of refugee status determination or stateless persons, have a period of 30 calendar days starting from the date of their entry into Mexico, to exchange with the corresponding residence card, which will remain valid for the time it was authorized. This card will accredit their regular migration status in national territory while it is valid.

Applicants for political asylum, recognition of refugee status, which are recognized as stateless or who are granted subsidiary protection, will obtain their permanent residence card once the corresponding procedure is concluded.

Once the residence card is obtained, temporary and permanent residents have the right to obtain from the Secretariat the Single Key Population Registration (CURP).

Article 62. Foreigners who have an authorized condition of stay (temporary residence), may request to the Institute to authorize their change of condition of stay, after fulfilling the requirements of the Mexican Immigration Law.

FAQ´S

What do I need to apply for a change to Visitor by Humanitarian Reasons to Permanent Resident? 

In order to be able to apply for this procedure, the foreigner must be previously granted a refugee status, stateless person or, where applicable, have obtained additional protection or political asylum.

 

Where can I apply for a change to Visitor by Humanitarian Reasons to Permanent Resident? 

At the INM offices. To applyfor a change to VisitrobyHumanitarianReasons to PermanentResidentprocedure, youmustvisitthe INM offices in person and submityourrequest (Instituto Nacional de Migracion).

Goodnews! HH Consultantsmakesiteasy and convenientforyou, scheduleyourconsultationwithustoday and ourteamwillhelpyou expedite theprocess so thatyoudon’thave to waistanentireday. Also, thepossibility of beingrejected and create a negativehistory.

For how long is my document valid?

The status of permanent resident stay is indefinitely valid, so you will not have to renew you immigration document if you are over 18 years.

When it is a foreigner under 3 years old, the document must be renewed each year until the person reaches 3 years of age, from age 3 until age 18 years of age, must be renewed every 4 years.

If you require begin a renewal process document permanent resident of a member of your family, schedule an appointment today with one of our consultants, who will guide you through every detail of the process.

Can I work with my Permanent Residence card? Even though itisob trained by humanitarian reasons?

Yes, this document allows you to work in Mexico.

Never the less, you have to notify to the INM, any change on your work place with in the time periods provided by the government.

How long does it take?

It always depends on the office that the procedure is presented at, as well as the documents along with it. This type of procedure usually takes longer than the rest, and based on our records it has been taking around 10 to 15 business days.

HH Consultantsstrongly advises to consultan immigration specialist to avoid delaying your process. If you would like for us to help you process your request, please schedule a consultation and our team will provide you with all the details.

How do I start my procedure?

By scheduling an appointment with one of our consultants, please keep in mind that H&H Consultants can always help you in person or online.

We strongly advise you to consult with an expert before you start any immigration procedure, there are many ways for you to save money and improve your migratory history.

For how long is my Residence valid?

The status of permanent resident stay is indefinitely valid, so you will not have to renew you immigration document if you are over 18 years.

When it is a foreigner under 3 years old, the document must be renewed each year until the person reaches 3 years of age, from age 3 until age 18 years of age, must be renewed every 4 years.

If you require begin a renewal process document permanent resident of a member of your family, schedule an appointment today with one of our consultants, who will guide you through every detail of the process.

Candidates for these procedures are foreigners who do not have an immigration document in the country, have family ties in the direct line, such as parent, spouse or cohabiting children, Mexicans or foreigners residing in the country.

For more information on the procedure to apply for regularization by family ties, schedule a consultation today with our team, who will assist you in everything related to processing.

Can I start my procedure abroad?

This procedure cannot be presented when you are abroad, it is necessary that you start this procedure when it is still valid and within Mexico.

Nevertheless, if you are required to travel inside or outside of Mexico during this process, HH can help you with some alternative solutions in order to avoid your application being rejected.

How often I travel outside of Mexico with my temporary resident document, obtained by visitor exchange status for humanitarian reasons?

You can leave the country as often as desired, as long as this current immigration document is valid.

In HH, once the migratory document is granted, we let you know about the obligations, rights and recommendations for your immigration status.This in order to avoid any problems that may jeopardize your immigration history, since we know that most foreigners who come to Mexico, usually remain more than one year, or seek to obtain their permanent residence in the country. By this, it is very important to have the necessary information to no affect your migratory history.

Nevertheless, if you already have your immigration document, and you have presented it on your own, feel free to contact one of our consultants, who will guide you on the recommendations to be taken into account to carry a good immigration history.

How much does it costs?

We know that every foreigner’s migratory situation may vary and that in some cases the migratory procedure can be in different stages. Which is why the cost may also be different according to each case’s characteristics.

As a consequence, we evaluate every case with an initial interview (40dlls, that will be deducted from the total cost). Withthe purpose of obtaining the most information possible, in order to determine if this type of procedure is the correct one. If it is not the best option, we will let you know what will be the process that we need to follow.

HH helps foreigners like you to regularize their migratory status, so that you can enjoy your stay in Mexico without worrying of your legal status in the country.