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Immigration Seminar today ANADE


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Today I attended a conference on Practical Applications of the New immigration Law at the Corporate Attorneys Bar Association (ANADE) of which I will be their newest member. The keynote speaker was Lic. Doris Gabriela Michel Sinsel with whom we have dealt with various times at immigration in Guadalajara. She spoke on the new law and there was probably an hour of questions and answers between the other attorneys and her going over some of the fine points of application of the new law. While regurgitating everything here might not be productive, I will comment on a few items that were brought out that might be relevant to the broadest audience of readers here.

One important item is that if they find that you left or entered as a tourist while your papers are in process then they will cancel your papers in process so for those who do not want to spend the time or money for a travel letter, beware of being penny wise and pound foolish.

She acknowledged that the new system is more expensive and slower and that there still is a backlog with one company manufacturing cards nationally.

When immigration notifies you that they need an item they will usually give you 10 days to provide them with that item and if you do not do so then your file will be canceled. There are ways to get an extension if the request is provided in the proper format and in writing and timely but then the Federal Administrative Law only allows them 1/2 the original time period maximum for the extension so 5 days, prior they were giving up to 30 days. There are some ways around this and a good attorney will know how to buy time.

GREAT NEWS! They now will be honoring prior year cumulatively on FM2 and FM3 to apply to jump ahead to permanente without financials. This is being applied this week, it might take longer to verify prior years on an FM3 if you have only had your FM2 for lets say a year.

All employers need to register with immigration and they will start requesting to see registrations, even for self employed people so do it now to not have a problem where your failure to do so makes them request you do so within 10 days and of course if it takes longer then you will have your case dismissed and have to regularize paying additional fees and fines.

And last but not least.... the explanation why so many permanent people have been in limbo. So what we were told when we requested a hearing Monday was true that files sent to Guadalajara and stalled will be returned to Chapala for decision BUT there is no way in their computer system to send the files back to Chapala, only receive them for tracking, they hope to work this bug out and resolve all stalled files within 15 days. I brought along the list of our clients who were stalled in the system and their file numbers to have her look into our people tomorrow.

All the prior information is from the attorney for the Guadalajara office. she also commented that one of the heads there quit so they are short staffed. Chapala had a meeting today for the attorneys and facilitators, my associate attorney went, they want complete files in Chapala and will start rejecting incomeplete files so you have been warned, that was pretty much the gist of it.

They are still working out the kinks in the new policy of allowing the local Chapala office to do more including approve permanente applications and doing the fingerprints for them.

Seminar titles in Spanish

El Colegio Asociación Nacional de Abogados de Empresa de Jalisco A.C.

Lineamientos Generales De Trámites Migratorios - Parte Práctica de la Nueva Reforma Migratoria.

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Thanks Spencer. I didn't get what you meant by self-employed need to register with immigration. Currently, I have a reputable school representing me who is registered, but I am thinking about invoicing this year, and paying taxes to the hacienda, and trying to gain an "open visa".(for next year) Does that still exist for the work permitted types like me?

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The school needs to register as if they don't and you go to renew, immigration will request you provide them with the employer registration within 10 days and if it takes 30 days then you will be rejected, lose your $$$ paid, and then have to pay a fine plus regularization fee. So failure to plan could cost you an extra $5,000 pesos. It will be a sizable investment to go on your own as you will need an accountant and an RFC number, plan to spend easily a few thousand pesos, perhaps as much as $8,000 the first 2 to 3 months with immigration and accounting fees, if you cannot afford it then remain an employee or you will get caught up in the cycle where things cost money and if you cannot pay you will blow your time limits and incur fines, etc.

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Intercasa quote - "GREAT NEWS! They now will be honoring prior year cumulatively on FM2 and FM3 to apply to jump ahead to permanente without financials. This is being applied this week, it might take longer to verify prior years on an FM3 if you have only had your FM2 for lets say a year."

How does this affect someone who had an FM 3 for 10 years and converted to an FM 2 (old designation) now called "Inmigrante" last year BEFORE the new rules came in on November 9? Mine expires in Oct 31, 2013.

Will I still be able to avoid Capital Gains or will I have to convert to Residente Permanente?

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I believe, per the application and interpretation of the law by notarios that you will need to be permanente when your FM2 inmigrante expires to avoid capital gains. In your case if you got a new FM2 last year you can jump ahead to permanente at renewal without showing financials.

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I believe, per the application and interpretation of the law by notarios that you will need to be permanente when your FM2 inmigrante expires to avoid capital gains. In your case if you got a new FM2 last year you can jump ahead to permanente at renewal without showing financials.

In the mean while if the house sells BEFORE expiration on Oct 2013, can I still avoid Caoital Gains with present Inmigrante card?

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Yes they should honor the inmigrante card for capital gains until expiration but don't take my word for it, ask a notario as they will be the ones making the decision and their response is the one that matters.

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Intercasa quote - "GREAT NEWS! They now will be honoring prior year cumulatively on FM2 and FM3 to apply to jump ahead to permanente without financials. This is being applied this week, it might take longer to verify prior years on an FM3 if you have only had your FM2 for lets say a year."

YES! Very good news, as this is what many of us in this situation thought should have happened from the "Get Go". Not going to get my hopes up, until I have my permanente in my hands!!

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We were late renewing our FM3s a couple of years ago and paid the fine but started over again with a new FM3. Does the cummulative time still count for those of us that have had this issue?

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Today I attended a conference on Practical Applications of the New immigration Law at the Corporate Attorneys Bar Association (ANADE) of which I will be their newest member. The keynote speaker was Lic. Doris Gabriela Michel Sinsel with whom we have dealt with various times at immigration in Guadalajara. She spoke on the new law and there was probably an hour of questions and answers between the other attorneys and her going over some of the fine points of application of the new law. While regurgitating everything here might not be productive, I will comment on a few items that were brought out that might be relevant to the broadest audience of readers here.

One important item is that if they find that you left or entered as a tourist while your papers are in process then they will cancel your papers in process so for those who do not want to spend the time or money for a travel letter, beware of being penny wise and pound foolish.

She acknowledged that the new system is more expensive and slower and that there still is a backlog with one company manufacturing cards nationally.

When immigration notifies you that they need an item they will usually give you 10 days to provide them with that item and if you do not do so then your file will be canceled. There are ways to get an extension if the request is provided in the proper format and in writing and timely but then the Federal Administrative Law only allows them 1/2 the original time period maximum for the extension so 5 days, prior they were giving up to 30 days. There are some ways around this and a good attorney will know how to buy time.

GREAT NEWS! They now will be honoring prior year cumulatively on FM2 and FM3 to apply to jump ahead to permanente without financials. This is being applied this week, it might take longer to verify prior years on an FM3 if you have only had your FM2 for lets say a year.

All employers need to register with immigration and they will start requesting to see registrations, even for self employed people so do it now to not have a problem where your failure to do so makes them request you do so within 10 days and of course if it takes longer then you will have your case dismissed and have to regularize paying additional fees and fines.

And last but not least.... the explanation why so many permanent people have been in limbo. So what we were told when we requested a hearing Monday was true that files sent to Guadalajara and stalled will be returned to Chapala for decision BUT there is no way in their computer system to send the files back to Chapala, only receive them for tracking, they hope to work this bug out and resolve all stalled files within 15 days. I brought along the list of our clients who were stalled in the system and their file numbers to have her look into our people tomorrow.

All the prior information is from the attorney for the Guadalajara office. she also commented that one of the heads there quit so they are short staffed. Chapala had a meeting today for the attorneys and facilitators, my associate attorney went, they want complete files in Chapala and will start rejecting incomeplete files so you have been warned, that was pretty much the gist of it.

They are still working out the kinks in the new policy of allowing the local Chapala office to do more including approve permanente applications and doing the fingerprints for them.

Seminar titles in Spanish

El Colegio Asociación Nacional de Abogados de Empresa de Jalisco A.C.

Lineamientos Generales De Trámites Migratorios - Parte Práctica de la Nueva Reforma Migratoria.

Thank you for taking the time to write this for us. It helps in understanding what has been happening and it is encouraging to see that issues are being resolved. There is an entire industry and international standards around "Change Management". With something this complex, its no wonder there have been problems.

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Regarding those who travel on a tourist visa while waiting for permit to be processed: How do they catch people?

I just completed my second international trip using the proper travel documentation. I am just waiting for my card. A friend, in the same situation thinks we are all stupid to obtain and use the travel document.

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They do turn in the stubs for tourist cards and enter them into a computer some time later and that is where a flag might come up, someone with your name and birthdate was in process and then left without the proper paper.

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Regarding "stubs" here's a funny, I'd not flown out of MX by air in 6 years, so I dutifully paid and got my FMM and handed it to Interjet and they stapled the stub to my boarding pass. Well, dumb me, I handed my boarding pass to an equally dumb "boarding gate guard" and she handed me back my seat assignment and I boarded.

Half way to Calif I realized I had no "stub" for re-entry. So, on the return flight I dutifully filled out another "tourist FMM" etc & etc and when I got to the "judgement puerta" I handed her everything I had plus my FM3, she handed back the customs form and my FM3, so I suppose my older person left MX and never returned, my newer person arrived and was approved for 180 days except she never gave me back my FMM stub? - I beat a hasty escape to the parking garage glad to be home and boogied for Riberas.

If every kid who ever wanted to be "grown up" and thought it was going to be neat - knowing the truth of being grown up as I do now? - they would commit suicide at age 12.

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Spencer said, GREAT NEWS! They now will be honoring prior year cumulatively on FM2 and FM3 to apply to jump ahead to permanente without financials. This is being applied this week, it might take longer to verify prior years on an FM3 if you have only had your FM2 for lets say a year.

Can this be done by anyone with an Inmigrante card, at any time; or, must they wait until renewal time?

Previously, one could change status at any time.

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Probably will have to wait for renewal time to be safe although this is very new and we are not sure if the Chapala office knows about this nor if they know that they will be empowered to make the decisions. Alot will become clearer in the next 2 weeks so we all need to be patient.

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Please be aware that the new policy only applies to people where they NEVER renewed late or were fined so if you had a break in your continuity then don't expect to be able to use prior years. We also don't know how they will be accepting this or applying it so please be patient.

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I am a self-employed, online research assistant who does contract work from home for various companies in the US and Canada. Sometimes it is a single job that may only take a day or two, and sometimes it is longer term work that continues for months or years. I always have several of these projects on the go at any time, and can show financials in excess of the amount they are requesting for Permanent status. I also have a monthly pension cheque that is direct deposited into my bank. I'm not sure that I understand what you mean by "registering" myself. I am not an "employee" of any company that I do work for. Spencer, can you explain what this means for me?

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Do it there at the consulate and as you work from home and do not bill clients nor work openly in Mexico you should have no issues. Registration is for Mexican employers of foreigners.

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