LEGAL MATTERS

For Americans

When you need help with matters such as renewing your passport, notarizing a document for use in the U.S., 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 officer 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. You can reach Consular Officer Erika Montes Ruiz at +52 415.120.5197. You can also email the agency at conagencysanmiguel@state.gov .

In theory, you can make an appointment for passport issues online , but often the appointment times that are available on the website are several months in the future.

Many have had good luck simply arriving when the office opens and explaining the situation. A snack or coffee for the door guard might come in handy. (Totally serious, and you didn’t hear it from me.)

The good news is, you may be eligible to apply for a new passport, or renew your existing passport online.

If you are in an emergency situation, here's what the American Embassy & Consulates in Mexico web page says in its “Emergency Contacts” section:

If you need immediate help, including outside business hours, call:

  • 55 8526 2561 (from Mexico)
  • 844 528 6611 (from the United States)

For urgent passport requests, you might be able to get a limited validity passport within 24-48 hours at the American Embassy in Mexico City.

For Canadians

If you are a Canadian citizen and need help with matters such as obtaining or renewing a passport, legal issues, or notarizing a document, you’ll have to go to the Canadian Embassy in Mexico City, because unfortunately, there is no Canadian consulate or consular agency in San Miguel de Allende or Guanajuato.

To reach the Canadian Embassy in DF (Mexico City), follow this link: Canadian Embassy

For emergency consular assistance:

From Canada: 1 800 387 3124

From Mexico 001 800 514 0129, or +52 55 5724 7900

TTY: (613) 944-1310

You can also check their Facebook page here.

See this page for general information about Canada and Mexico.

For passport info (e.g.,applying from abroad) view this page on Canadian passports and other travel documents. Note that this page might not work when being viewed from Mexico.

The Canadian embassy in Mexico city can also be reached via email at: mxicocs@international.gc.ca

The Immigration Office & Visas

Here’s the most important thing you need to know about getting a visa for Mexico: the types, requirements and processes change regularly.

While we’ve done our best to give you updated information, it’s up to you to verify that the rules and procedures are valid at the time you read this. Note also that rules seem to vary from one Mexican consulate to another, so it would behoove you to check for updates at the consulate nearest you.

The three main types of visas for Mexico are:

1. Visitor (FMM or Forma Migratorio MĂşltiple) - This type used to be known as a tourist visa. If you are a citizen of the US, Canada, the U.K, the EU or any of the 65 countries listed here, 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 a return ticket if you’re flying.

If you’re not a citizen of one of the countries listed in the link above, you can find more info here. You can also apply for this visa online. Most tourist visas are issued for up to 180 days, but this sometimes varies by port of entry.

2. Temporary Resident (Residente Temporal) - Used by those who wish to work, study, or retire in Mexico. Valid for 1 year, and then renewable for 3 additional years. The temporary resident visa allows for multiple entries and exits with no travel restrictions.

Do note that you can no longer obtain a resident visa while in Mexico. The process must begin in your home country. Keep in mind that you’ll need to show proof of financial independence to receive this visa.

3. Permanent Resident (Residente Permanente)

Used for those who wish to stay in Mexico indefinitely, often for retirement, but not exclusively. 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.

To receive this visa, you’ll need to show proof of financial independence.

Conventional wisdom has been that the permanent resident visa 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 permanent resident status.

Some Additional Notes About Visas:

  • Other visa types you might also want to investigate are the student visa, a work visa (when you have a job offer from a Mexican company), and the “family unit” visa (when you have family members who are Mexican citizens or permanent residents).
  • If you intend to eventually apply for citizenship, there are limitations on how long you can be outside of Mexico, so be sure to get the most updated information on these limits.
  • 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 MigraciĂłn, located on Calzada de la EstaciĂłn, 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 trusted bilingual visa facilitator.

Visas and Buying Real Estate

If you’ve had your eye on the best house ever and would buy tomorrow if it weren’t that you “only” have a tourist visa, guess what? You can indeed buy a property with a tourist visa! In fact, you can own a property in Mexico for many years with only a tourist visa.

However, there is an advantage to having a resident visa once you own a home in Mexico, and that is, with both permanent and temporary resident status (residente permanente and residente temporal), you might be able to claim a partial exemption on capital gains if you sell your primary residence.

There are often other tax strategies that can be used to minimize or eliminate owing capital gains taxes when you sell your property, but they are only available to permanent or temporary residents.

For people of or near retirement age, it is fairly easy to qualify for permanent residency without first getting temporary residency.

If you are concerned about potential taxable gains on selling a property, contact one of the agents in our office.

They are 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.