Concept:
Naturalization is the citizenship acknowledgment that Mexican State confers to a foreigner who has decided to become Mexican. This legal act of citizenship is demonstrated by handing a “Mexican Naturalization Letter” in a formal ceremony.
Index
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Naturalization is a process you can do by yourself. If you want to learn about how to naturalize, keep reading this article or watch the following video.
1. MEXICAN NATURALIZATION DEFINITION AND LEGAL BASIS
We must understand the main difference in the law between Mexicans and foreigners.
In Article 33 of the Political Constitution of the Mexican United States, a foreigner’s condition is defined as follows:
Article 33.- The individuals that do not meet the criteria determined by Article 30 shall be considered as foreigners. They shall be entitled to the human rights and guarantees conferred by this Constitution.
The President of the Republic shall have the power to expel from national territory any foreigner, according to the law and after a hearing. The Executive Branch of Federal Government shall have power to expel from national territory, without a trial and in an immediate way any foreigner whose presence is considered to be inconvenient.
Foreigners may not in any way participate in the political affairs of the country.
It is particularly interesting that, in the second paragraph, the abovementioned article determines the expelling process of a foreigner in Mexico. And on the third paragraph, the Article establishes a prohibition for a foreigner to interfere with the country’s political affairs. It is a provision that appeals to government sovereignty and autonomy, and it is applicable in many modern legal systems. Even if it sounds a bit archaic, considering that a foreigner also participates in the public life of a country, it is kept for the discussed tradition.
In Article 30 of the Mexican Constitution, we have the Mexican nationality definition:
Mexican nationality is acquired by birth or by naturalization.
A. The Mexican nationals by birth are:
I. Those born in the Mexican territory, regardless of their parents’ nationality;
II. Those born in a foreign country which are sons/daughters of Mexican parents born in national territory, of Mexican father born in national territory, or of Mexican mother born in national territory;
III. Those born in a foreign country who are sons/daughters of Mexican parents by naturalization, of Mexican father by naturalization, or of Mexican mother by naturalization
IV. Those born on board of Mexican military or merchant vessels or aircrafts.
B. The Mexicans by naturalization are:
I. Those aliens who obtain a naturalization card from the Department of Foreign Affairs.
II. Any foreign woman or man who marries a Mexican man or woman and establishes residence inside the Mexican territory, provided that foreigner complies with the other requirements set forth by the law for that purpose.
This article is, of course, the origin of the naturalization concept. When a migrant in Mexico talks about naturalization, he or she refers specifically to the aforementioned subparagraph I of section B, the legal-administrative process by which the Secretariat of Foreign Affairs grants a Naturalization Letter. So, this proceeding takes place before a facility different from the National Institute of Migration.
Law of Nationality
We shall remember that constitutional articles, to be effectively applicable, require a secondary law known as statutory law. This law allows us to limit and regulate the labeled proceedings. In this case, there is a Law of Nationality issued on January 23rd, 1998, which is statutory in these constitutional articles, as stated in its first article:
Article 1.- This Law is statutory for Articles 30, 32, and 37, subsections A and B, of the Political Constitution of the Mexican United States. Its provisions are of public interest and general observance throughout the national territory. Its applications correspond to the Federal Executive through the Secretarial of Foreign Affairs.
If you want to read the Law of Mexican Nationality, click on the following link:
So, from the Nationality law, we get the requirements and types of Mexican naturalization for foreigners. Here below, we thoroughly analyze these details:
TYPES OF MEXICAN NATURALIZATION
Naturalization by residency. It is applicable for all people who have resided -temporary or permanently- in Mexico for five years according to Article 20 of the Law of Nationality and Article 14 of its regulation.
Naturalization for being native of an Ibero-American country. It applies to all people who have resided -temporary or permanently- for the last two years according to Article 20, section I, subsection c) of the Law of Nationality and Article 14 of its regulation.
Naturalization for being a direct descendant of a Mexican by birth and prove a two-year residency in Mexico, according to Article 20, section I, subsection a) of the Law of Nationality and Article 14 of its regulation.
Naturalization for being mother or father of a Mexican by birth provided that he or she proves a two-year residency -temporary or permanently- in Mexico, according to Article 20, section I, subsection b) of the Law of Nationality and Article 14 of its regulation.
Naturalization for rendering a service or for performing outstanding works in a cultural, social, scientific, technical, artistic, sports, or business area; provided that he or she proves a two-year residency, temporary or permanently, in Mexico, according to Article 20, section I, subsection d) of the Law of Nationality and Article 14 of its regulation.
Naturalization by marriage to a Mexican by birth provided that he or she proves a two-year residency -temporary or permanently- in Mexico, according to Article 20, section II of the Law of Nationality and Article 14 of its regulation.
Naturalization for exercising a patria potestas or for being an adopted child by a Mexican and prove a one-year residency -temporary or permanently- in Mexico; according to Article 20, section III of the Law of Nationality, and Article 14 of its regulation. Also applicable for having been in the past.
There are many types of naturalization and, in each of them, it is necessary to comply with a specific time of residency, as well as other requirements and documents requested by Law.
REQUIREMENTS FOR MEXICAN NATURALIZATION
Original DNN-3 application form and a copy; you can find it online. This form must be filled with a typewriter or computer, depending on the type of case. The petitioner must prove his or her identity to subscribe.
Original temporary or permanent Resident Card and a copy.
Original Birth Certificate and a copy. It must be duly legalized and/or sealed under apostille and translated into Spanish in case it is in a foreign language.
Original Passport and a copy. The Secretariat requests the passport to be fully copied from the front to the back cover.
Only where necessary, an ID of the person to which family relationship is proven. Only a Vote ID, a passport, or a professional identification card is considered an official ID.
File two identical recent colored and passport-size (4.5 x 3.5 cm) photos with white background, front view, no glasses, bare head.
In some districts, as in Mexico City, the petitioner is requested to present two copies of all documents. Although there are no clear requirements, the petitioner can be additionally requested:
Printed CURP (Unique Population Registry Code).
Migration flow certificate issued by National Institute of Immigration.
Migration record certification issued by National Institute of Immigration.
There might be additional requirements for each proceeding and case that the Secretarial may request at its sole discretion.
MEXICAN NATURALIZATION FEE
Finally, we address fees of suitable rights and document issuance time for each type of naturalization proceeding in 2021.
Proceeding: Issue a Mexican nationality certificates and all related documents.
Issuance time: One day
Fee: $315.00 (Mexican pesos)
Proceeding: Issue a Mexican nationality declaratory and all related documents.
Issuance time: One day
Fee: $315.00 (Mexican pesos)
Proceeding: Issue Mexican Naturalization Letters by marriage or patria potestas and all related documents.
Issuance time: Three months once having INM’s and Secretariat of Interior’s opinion
Fee: $1,970.00 (Mexican pesos) reception, study and issuance, in each case
Proceeding: Issue Mexican naturalization letters by residency, for being a direct descendant of a Mexican by birth, for being mother or father of a Mexican by birth, for being native of an Ibero-American country, and for rendering a service or for performing outstanding works in a cultural, social, scientific, technical, artistic, sports, or business area.
Issuance time: Three months once having INM’s and Secretariat of Interior’s opinion
Fee: $5,595.00 (Mexican pesos) reception, study and issuance, in each case
Proceeding: Issue copies of authenticated certificate or declaration of Mexican nationality.
Issuance time: 20 business days
Fee: $22.00 (Mexican pesos)
Proceeding Issue copies of authenticated Letters of Mexican Naturalization by marriage or for exercising patria potestas
Issuance time: 20 business days
Fee: $22.00 (Mexican pesos)
Proceeding Issue copies of authenticated Letters of Mexican Naturalization by residency, for being a direct descendant of a Mexican by birth, for being mother or father of a Mexican by birth, for being native of an Ibero-American country, and for rendering a service or for performing outstanding works in a cultural, social, scientific, technical, artistic, sports or business area.
Issuance time: 20 business days
Fee: $22.00 (Mexican pesos)
STUDY GUIDE FOR NATIONALITY TEST
Obtaining Mexican Nationality also means that you know Mexico’s history and culture. That is why Mexico will look to explore your knowledge about our country to grant you the nationality after obtaining 8 out of 10 points in a test. We must admit that questions are difficult, so you must study a lot to pass this exam. In the following link, I attach the study guide the Secretariat of Foreign Affairs extends for the Mexican nationality exam:
In cooperation with college researchers, DIAM S.C. has develop a more comprehensive guide with more than 500 questions to help you study Mexican culture and history. We warrant you that if you study them thoroughly, you’ll acquire the necessary knowledge to approve the exam. If you are looking for help to study, fill the following form:
SPANISH PROFICIENCY TEST
Foreigners who have decided to naturalize as Mexicans but whose mother tongue is not Spanish shall answer another type of test where the applicant’s proficiency in Spanish is tested.
This is a reading, writing, and oral test. To approve this test, an intermediate-advanced proficiency level of Spanish is required. If your Spanish level is low and you are reading this article in English because you don´t understand Spanish, I would highly recommend taking a course to level up your Spanish before taking the exam.
TIPS TO SUCCEED IN MEXICAN NATURALIZATION PROCESS
As always, you may be seeking quick achievement, and without lots of efforts, that is why I enlist you the tips written by DIAM S.C. lawyers to obtain your naturalization as soon as possible:
Thoroughly study Mexico’s history
Thoroughly study Mexico’s culture
If you don’t speak Spanish and need to read this in English or any other language, study Spanish with a professional before submitting your naturalization process.
Make a schedule; remember your passport must be valid for no less than 6 months.
Within schedule, you must also have a temporary or permanent resident card with a minimum validity of no less than 6 months.
To be granted naturalization, you must be inside national territory for at least 185 days in the last 2 years.
Official letters as migration flow, migration history, and Letter of no criminal records must not be more than one month old.
Always take good care of your documents. In DIAM S.C. we had witnessed unfortunate stories about applicants losing all their dossier of their life in Mexico because of rushes, and it will be very difficult to gather it all again.
Your passport and documents must be in excellent condition. If you have documents in poor condition, we advise you to replace them before applying for naturalization.
According to our immigration lawyers, who had experienced hundreds of naturalization proceedings, these are some of the many aspects that you must be aware of to carry out your naturalization proceeding.
Finally, we want to encourage you to take a step towards your naturalization. Mexico is a wonderful country with culture, nature, geographic location, and marvelous citizens. Foreign-born citizens enrich even more our culture.
Welcome paisano, you are already Mexican!
DIAM S.C
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