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sandyr

Sep 9, 2013, 9:31 PM

Post #1 of 6 (587 views)

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Backing out of Permanent Resident application

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Both my wife and I applied at our local consulate for permanent resident permits. We both were issued 180 day permanent resident visas in our passports to complete the process once we are in Mexico. Unfortunately, at the time, we didn't realize the permanent resident permit meant we couldn't continue to drive our car into Mexico with a temporary import permit (TIP). At this time we do not want to permanently import a vehicle. So, we are considering solving the problem by having my wife enter with a normal tourist card (filling out a FMM as a normal tourist would at the border) and obtaining a TIP in her name for the car we will be driving. My wife will ignore the process that she would normally have done to complete the permanent resident permit process. I will continue the process to obtain a permanent resident permit for myself (in case we want to permanently import a vehicle in the future). Here is my question: Will my wife encounter any problems at the border or even sometime in the future by not completing the permanent resident permit process? Will the Mexican immigration folks have a problem with her getting a normal tourist card because she already started the process for the permanent resident permit? Normally she would have 30 days to complete the process after crossing the border, but in this case, we would let that deadline pass. Will this be a problem either at the time or in the future?

We contacted our consulate to cancel the permanent resident permit process for my wife but they said they could not do that at the consulate. I assume we can either ignore continuing the process for her in Mexico or ask the immigration folks to cancel it once we are in Mexico. My biggest concern is not being able to temporarily import our car into Mexico for our upcoming visit because we are both currently in the process of applying for the permanent resident permit. It's 900 miles or so to the border from where we live in Colorado and I don't want to drive there just to find out we can't continue our drive into Mexico.

AlanMexicali

Sep 10, 2013, 5:05 AM

Post #2 of 6 (558 views)

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Re: [sandyr] Backing out of Permanent Resident application

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I know it is against the INM rules to have 2 INM documents at the same time. I do not know if the 180 visa in your wife´s passport would be considered an INM document. I might suspect it is. If this is the case she would be in trouble for getting a FMM tourist card and not showing her passport to INM at the border with her 180 Mexican Consulate´s Residente Permantente document. Then if she got a TIP with the FMM card the INM inside Mexico might check and she might be in trouble.

As far as cancelling her 180 visa in her passport at an INM office where you live this probably would not be a problem. She would have to apply for Residente temporal there and I suspect she would be able to without returning to the US to do so.

If she did not show up at the border and was still in the US for 180 days I imagine it would be cancelled automatically. Her being inside Mexico with a FMM tourist card and a TIP which she would have to show her passport at the border to get would be the major problem.

Also if you did show the INM at the border you would get a 30 TIP no problem with both you showing the passport visas, getting them stamped, which is required, and a few in your situation have been give 180 day TIPs, it depends.

Also you get a FMM card [section called "canje"] at the border when presenting your visas in your passports, BUT not a FMM tourist card. A FMM showing your entered to continue your INM RP pre approve application to get the actual RP visa/card.

It appears to me the best thing to do is show your passports and the 180 day visas when entering Mexico and getting a 30 day TIP and then going to your local INM office and changing her´s to a Residente Temporal, bring all document with you, and then notify ADUANA that your need the 30 day TIP extended after she gets her RT card, no matter how long that takes, in her name and I think the car should have the title only in her name also but am not 100% sure, even if the TIP is in her name.

(This post was edited by AlanMexicali on Sep 10, 2013, 6:21 AM)

Ric Hoffman

Sep 10, 2013, 6:35 AM

Post #3 of 6 (529 views)

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Re: [sandyr] Backing out of Permanent Resident application

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Normally she would have 30 days to complete the process after crossing the border, but in this case, we would let that deadline pass. Will this be a problem either at the time or in the future?

We contacted our consulate to cancel the permanent resident permit process for my wife but they said they could not do that at the consulate. ....... we live in Colorado and I don't want to drive there just to find out we can't continue our drive into Mexico.

Alan has provided some qood information. Holding two INM documnets at the same time can be grounds to expel you from the country. Although it would be unlikey to be imposed, but you would be fined. Visas are governed under two separate guidelines. One is LINEAMIENTOS para trámites y procedimientos migratorios, covers INM processing within Mexico and the second is LINEAMIENTOS generales para la expedición de visas que emiten las secretarías de Gobernación y de Relaciones Exteriores, for use by the SRE for outside of Mexico.

Under the provisions of your application, you and your wife have been granted Residente Permanente admission and issued temporary admission documents. Article 32 explains how to exchange these for permanent documents. As I read the guidlines the INM offices may only exchange them as approved or deny admission based on fraud or other disqualification.

Artículo 32. Ficha del trámite para la expedición de documento migratorio en la modalidad, expedición de documento migratorio por canje:
Caso en el que se presenta: Aplicable a la persona extranjera titular de una FMM documentada para canje, por ser titular de una visa de visitante para realizar trámites de adopción, de residencia temporal, residente temporal estudiante, o de residencia permanente.

While the local Subdirector De Regulacion Migratoria has the authority to issue decisions made on a case-by-case basis, I would contact INM Consulta online for their input prior your travel. If you would like to ask your question directly to an agent, call 01 800 00 46 264.

(This post was edited by Ric Hoffman on Sep 10, 2013, 6:41 AM)

sandyr

Sep 10, 2013, 9:05 AM

Post #4 of 6 (478 views)

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Re: [Ric Hoffman] Backing out of Permanent Resident application

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Alan, Ric,

Thank you very much for your replies. The information you provided probably kept us from getting into trouble or fined. I will be contacting the INM Consulta online number to see what they have to say.

Sandy

sandyr

Sep 10, 2013, 4:08 PM

Post #5 of 6 (414 views)

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Re: [AlanMexicali] Backing out of Permanent Resident application

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I ended up contacting the person at the consulate that handled our permanent resident application. She suggested that my wife obtain a US passport CARD and use that to enter Mexico and to obtain the Temporary Import Permit for the car. She said that way they wouldn't use the permanent resident visa in the US passport book. I supposed she might not be providing me completely appropriate instructions, but on the other hand, her suggestion might be perfectly fine.

Ric Hoffman

Sep 15, 2013, 5:54 AM

Post #6 of 6 (286 views)

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Re: [sandyr] Backing out of Permanent Resident application

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I would not follow that advice, but it is up to you. The use of a different passport does not cancel your approved application. In fact, until the approved application expires naturally you will have two INM documents simultaneously. Did you receive a reply from your "consulta"? One thing to consider is that you may 'surrender" your approved application to the INM agents as you cross and then be issued a FMM 180 Visitante card.