Last Chance: Mexico Amnesty Program Insights

Mexico’s common-sense attitude has lit a candle in a dark place for those seeking refuge from oppressive government mandates. During the dark days of 2021, Mexico implemented a program specifically for those whose tourist visas expired and could not return home because of travel restrictions. This ticket to freedom is known as the Mexico Amnesty Program.

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I learned about the Mexico Amnesty Program through a realtor who took us on a free real estate tour of various properties in the Ajijic area. As we drove by the immigration office in Chapala in the state of Jalisco, she pointed out the window. She motioned toward the building where we would have to apply for permanent or temporary residency. Curiosity set in because normally you could only apply for temporary residency in Mexico from outside the country. More questions were in order.

Turns out Mexico created a visa amnesty program because of the pLandemic for people who were already in Mexico with expired tourist visas. This program would allow you to apply for temporary residency without leaving the country or returning to your home country. In April 2022, when we investigated the program, three components were necessary to apply for the Mexico Amnesty Program in the state of Jalisco:

1. You must have entered Mexico once between 2015 and 2019.
2. Your current entry into Mexico must have been before the end of December 2021.
3. Your tourist visa must be expired.

By God’s good grace, my husband and I qualified for all three. Unbeknownst to us, our tourism visa expired in January 2022. Even though we arrived in Mexico on December 18, 2021, and presented our flights departing to El Salvador dated June 1, 2022, the customs officer only gave us a 16-day tourist visa. Oops. We had no idea why she only granted us a 16-day tourist visa, but in this case, it worked out in our favour.

Lesson learned: even if you show your departure flights to Mexican immigration, always ask for the 180-day tourist visa, or you might not get it. Don’t assume. We thought the 16 with a circle around it meant we were leaving on June 1, 2022. When our immigration attorney asked us why we only had a 16-day visa, we thought it was a 180-day visa, which was true.

“Where did you enter Mexico?” Our attorney inquired.

“Mexico City International Airport.”

“Ah. They are bad for that. If you would have landed in Guadalajara, they would have automatically given you the 180-day visa.” He didn’t seem overly concerned that our visas had expired long ago. It was May 2022, and we had been in Mexico since December 2021.

How to Qualify for the Mexico Amnesty Program

Surprisingly, the Mexico Amnesty Program still exists, but this is ending soon. Keep in mind. TIM. This is Mexico, and these guidelines can change at any time. This article is the best of my intel in the state of Jalisco at the time of publishing.

The Mexico Amnesty Program special regularization procedure is in effect during 2024 “until further notice.” Special procedures can be altered or withdrawn at any time. It’s known as the “RNE”—Registro Nacional de Extranjeros. (Mexperience, 2024)

Each immigration office retains absolute discretion about whether to accept or deny any application (and subsequently about whether to grant or reject any application submitted) made under any procedure, including special regularization procedures. There are mixed reports about whether immigration offices are still accepting this application. Some immigration offices are still accepting the Mexico Amnesty Program applications and some are not.

Through this special procedure, you may ask to apply for Temporary Residency in Mexico without having to leave Mexico to apply IF:

You are currently in Mexico and in possession of a Mexico Visitor Permit (FMM) that expired in or before 2022;

OR

You are currently in Mexico with an expired Visitor Permit (FMM) and have entered Mexico before as a visitor on at least one separate occasion (some offices ask to see two visits) in or before 2022.

Your entries in and exits from Mexico will be checked against electronic records. If you have stamps in a previous (cancelled) passport, these can be accepted, provided they match with the electronic record. If your stamped entries are before electronic records are available (c. 2011), then the immigration office might assess the situation on a per-case basis—you need to go and ask. (Mexperience, 2024)

You can get a full four-year temporary with no verification of income or assets by applying for the Mexico Amnesty Program. Costs run from 20,000 pesos to 23,000 pesos for the application and include both government fees and fines. That’s roughly USD$1,000 per person. Surprisingly good deal for the price of freedom.

Contact an immigration attorney ahead of time to see if you qualify. They will need to see your passport and visa.

Questions You May Be Asked by Immigration

During the application, you must present your current, valid passport and your expired visa. That is all the paperwork you will need to provide. The process will take approximately two hours, depending on how busy the office is. You will be asked a series of questions such as:

1. Your given names
2. Profession and the highest level of school completed
3. Your field and area of study
4. How many children do you have
5. Do you speak Spanish
6. Religion
7. Height and weight
8. Last residency address outside of Mexico
9. Employment status in your country
10. Your Mexican address
11. Marital status
12. Have you been in Mexico before, when, and what was the purpose of your visit
13. What is your current date of entry to Mexico
14. How much money do you make (you will not need to provide proof of income only state the amount.)
15. If you are self-employed, where is the company you work for based
16. Why do you want to stay in Mexico
17. Why didn’t you apply for residency before you came to Mexico

After all the questions are answered, and you sign the paperwork, you will be fingerprinted and have your picture taken for your temporary residency card which will be ready in about two weeks. Immigration contacts your lawyer, who will accompany you to the immigration office to pick up your card.

You can apply without the assistance of an immigration attorney, however; I’ve heard the process can take longer without an attorney or run into snags. We used an immigration attorney, and the process was smooth as silk.

The Mexico Amnesty Program visa is good for four years. A month before expiry, you will need to return to immigration in Mexico to apply for your permanent residency.

All payments are processed through the immigration attorney. Most of the fee will be paid upfront, and the remaining will be due when the temporary residency cards are ready. All offices have slightly different fees, only by a couple of hundred dollars or so.

Reliable boots on the ground here report the Mexico Amnesty Program is ending at the end of December 2024. If you are currently in Mexico with an expired tourist visa, you had better get a hold of a trusted immigration attorney as soon as possible to see if you qualify. Don’t let this ticket of freedom from the Mexican government go unopened.

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The information provided in the Liberty Travel Coach blog does not constitute legal, tax or financial advice. It does not take into account your particular circumstances, objectives, legal and financial situation or needs. Before acting on any information in the Liberty Travel Coach blog you should consider the appropriateness of the information for your situation in consultation with a professional advisor of your choosing.

References

Mexperience. (2024, October 4). Mexico Offers Special Residency Procedure. Retrieved from Mexexperience: https://www.mexperience.com/mexico-offers-special-residency-procedure/

All photos by Charlotte Tweed