Legal Matters
When you need help with
matters such as renewing your
passport, notarizing a
document, and receiving
assistance if you have been
arrested or are the victim of a
violent crime, you'll want to go
see the US
Consular Agent in San Miguel
de Allende.
The U.S. Consular agency is
located in the La Luciernaga
Mall. It's open Monday -
Thursday from 9-1 and Fridays
by appointment only. During office hours you can call the
agency at 415.152.2357.
Here's what U.S. Consular says about renewing a passport: You can renew your U.S. passport in my office in San Miguel de Allende. There is no appointment required to renew an adult's passport.
It normally takes 6 weeks for your new passport to arrive in our office, but if you need it faster, we can ask that it be rushed. There is no expedited service in Mexico, even at the Embassy. If you must have your passport quickly, you can apply for an emergency passport in our office and we will get it in 7-8 days.
Alternatively, you can go to the American Embassy in Mexico City and receive one the same day.
The American Embassy in Mexico City deals with matters such as births, deaths and arrests of American citizens, violent crimes against Americans and passport issuance and renewal.
Here's what the American Embassy web page says: During business hours, U.S. citizens in distress requiring immediate assistance should call the Embassy at 555.080.2000 , ext. 4440.
If you are an American citizen with an after hours emergency, please call the Embassy switchboard at : (From the U.S.) 011.52.555.080.2000, dial 0 for an operator
From Mexico)
555.080.2000,
dial 0 for an
operator
and ask to
speak to the
Duty Officer.
To reach the Canadian Embassy in DF (Mexico City), follow the link below: Canadian Embassy For emergency consular assistance, you may dial one of the following numbers: From Canada: 011-52 + 55+ 5724.7900 From Mexico 01 + 55 + 5724.7900
According to the Canadian Embassy Website, for After- Hours Emergencies, The Emergency Operations Centre of Foreign Affairs and International Trade Canada operates 24 hours a day, seven days a week. An experienced officer is always available to respond to emergency calls.
Toll-free from Mexico:
001-800-514-0129
Shall this number fail to work,
you can dial the Embassy toll
free number:01-800-706-2900.
Your call will be rerouted to
Ottawa.
Call collect : (613) 996-8885
E-mail:
sos@international.gc.ca
TTY: (613) 944-1310
Visa-getting can be a challenging endeavor. While there are several types of visas available for non- Mexican citizens, it should be understood that types of visas seem to change every few years and the process to obtain them even more often. In addition, rules seem to vary from one Mexican Consulate to another, so it may be helpful to check for updates at the consulate nearest you. What follows is a description of the various types of visas as of this writing. It bears repeating, however, to verify that these rules and procedures are valid at the time you read this.
Tourist Visa - Although it has changed names a couple of times in the past 10 years, a tourist visa is very easy to obtain. If you are a citizen of the US, Canada, the U.K., the EU or any of the 65 countries listed here http://en.wikipedia.org/wiki/
Visa_policy_of_Mexico
you do
not need to obtain a visa
before arriving in Mexico.
Instead, when you enter
Mexico, you will be issued a
tourist visa as long as you
have a valid passport, and if
you are flying, a return ticket.
Most tourist visas are issued
for up to 180 days, but this
sometimes varies by port of
entry. If you are not a citizen of
one of the countries listed in
the link above, you can find
more info here: http://mexico.visahq.com/
Temporary Resident
(Residente Temporal) - There
are many categories of
resident visas, including those
giving permission to work or
own a business and those that
do not (lucritivo and nolucritivo).
The most common
type of resident visa is based
on retirement, which requires
either proof of monthly cash
flow or investments sufficient
to support yourself while living
in Mexico. It is important to
note that you can no longer
obtain a resident visa while in
Mexico. The process must
begin in your home country,
but is a relatively painless one.
The Temporary Resident visa
allows for multiple entries and
exits with no travel restrictions.
Permanent Resident
(Residente Permanente) - The
conventional wisdom in the
past has been that this visa
generally requires having a
temporary resident visa for a
number of years before you
can apply.
However, there is
nothing in the law that states
this and we know of more than
one visa facilitator who
successfully takes clients
directly to the Resident
Permanente status.
Permanent Resident cards do
not expire and also allow you
to earn income, provided that
you notify Immigration within
30 days of any change in
economic activity. They also
allow for multiple entries and
exits with no travel restrictions.
However, if you intend to
eventually apply for
citizenship, there are
limitations on
how long you
can be outside
of Mexico
within the five
years prior to
application.
If you have any visa issues once you are in San Miguel, you will need to go to the immigration office, also known as INM, or Instituto Nacional de Migración, located on Calzada de la Estación, 415.152.2542. Most employees don't speak English, so it's wise to take an interpreter with you if you are not relatively fluent.
If you would like someone to help you through the process, email us and we will connect you with a bilingual visa facilitator.
For real estate buyers, it is not necessary to have a resident visa before you purchase a property. In fact, you can own a property in Mexico for many years with only a tourist visa.
However, the advantage to having a resident visa once you own a home in Mexico is that permanent resident (Residente Permanente) status will allow you to claim the homestead tax exemption
on capital gains if you sell your primary residence.
Although there are often other tax strategies that can be used to minimize or avoid a capital gains tax without the permanent residency status, it may be wise to move toward obtaining permanent residency, since almost all of the tax changes since 2004 have been designed to eliminate the tax exemption loopholes in the law for nonpermanent
residents. If you are concerned about potential taxable gains on selling a property, contact one of the agents in our office. They are generally up to date with current trends and can set up a consultation with a notario* if necessary.
*Here in Mexico, a notario is a special attorney authorized to close real estate transactions.
