Job Discussion Forums

[Prof.Gringo]

"An Australian man has filed what activists said Tuesday is the first lawsuit by a migrant against Mexico's immigration service, arguing he suffered economic, psychological and other damages from being detained for more than four months with little explanation and in poor conditions."

http://news.yahoo.com/s/ap/20101117/ap_on_re_la_am_ca/lt_mexico_immigration_lawsuit

If any teachers in Mexico have overstayed their tourist visas, this might be a wake-up call to the possibility of being detained by INM (even if remote, it is a possibility).

[leegleze]

This particularly scares me because I could be in the same boat through no fault of my own. I'd been working for the same Mexican-owned company for six years when I left them and went to another company (Canadian owned) in September of last year. My "Working FM3" expired in late March, so I gave it to the company in late February to get a jump on the renewal. The company sat on it for four months before I started inquiring as to how much longer it would take. First, the company blamed its lawyer for the delay; then they changed lawyers; then the company was sold to another enterprise, so the lawyers changed again. In early October (seven months after my FM3's expiry), I get more papers to sign and the company said it was going to be finalized "within a couple of weeks". To date (mid-November), I've heard nada, except that it will be ready soon.

I was just wondering today, how would I go about suing the company for this debaucle, when a fellow from Encuesta Nacional de Ocupacion y Empleo bangs on my door and starts asking me questions about my employment while filling out a form. My gardener, who speaks both languages well, tells me not to worry ... it's just routine to canvas everyone, Mexicans too. I didn't see the official go to anyone else's home on the street, though.

This situation has got me really creeped out and scared now. My home is here, including my family and pets, etc. I am now without an FM3 (expired or otherwise), and more importantly, without my passport, because both are among the papers which have been submitted. Any suggestions or advice, folks?

[Tretyakovskii]

When I look at the immigration law, it appears there is a procedure available to cure immigration issues for those already in the country. Have a look at this, in the inami.gob.mx website, then look through the process suggested.

Regularizaci�n
Si ingresaste al pa�s, sin el permiso correspondiente de la autoridad migratoria, tu forma migratoria tiene m�s de seis meses vencida, o bien, has dejado de satisfacer o de cumplir las condiciones a que esta sujeta tu estancia en el pa�s, tu situaci�n migratoria es irregular.

El no contar con una estancia regular en el pa�s te coloca en un estado de inseguridad jur�dica y en consecuencia riesgo de ser:

V�ctima de abusos e il�citos de empleadores o tratantes de personas. Objeto de aseguramiento en una Estaci�n Migratoria y ser devuelto a tu pa�s de origen.

�Qu� debes hacer?
No tengas miedo, acude a la oficina del Instituto Nacional de Migraci�n cercana a tu domicilio, el INM cuenta con diferentes opciones para que regularices tu situaci�n migratoria sin ning�n problema.

[Guy Courchesne]

[PlayadelSoul]

Having a valid FM is the responsibility of the employee, not the employer. While both face fines in the event that a company is found to employ a non-documented worker, it is the employee that will be held more responsible. I don't know why so many people rely on lawyers to get their papers done. It can be a time consuming enterprise but it is not that difficult to do. Anytime a school blames something on the "lawyers", take it as a warning sign and ask for the papers showing they have started the process. If not, someone is yanking your chain.

[leegleze]

Thanks, guys! I think I might do both ... get a lawyer and THEN go to INM. Or threaten to do the same and see what shakes out of the tree.

[Guy Courchesne]

[Prof.Gringo]

[leegleze]

Maybe "threaten" was too strong a word, but nonetheless, discussing my contingency plans with my employer was indeed my intent.

[Prof.Gringo]

[Professor]

[Phil_K]

I second the prof.. keep hold of your passport and realize that your FMT/FM2/FM3 is the ONLY official ID you have. I realized this in Hacienda when I was told that a foreign passport isn't acceptable, and of course they are right. Anyone can enter Mexico with a passport but your immigration document proves you are here legally.

Also, I agree with the lawyer thing. Why pay (a lot of) money to someone to do something that you can just as easily do yourself? And if you are somewhat lacking in the Spanish-speaking department, take someone bilingual with you.

[Samantha]

Leegleze, under the circumstances, I would proceed cautiously and think the situation through really well. As PlayadelSoul states, the onus is on the worker to make sure his status is legal. No one here in Mazatlan uses a lawyer to deal with INM. There are "agents" who are very good at navigating things, and for a fraction of a lawyer's fee. You can do it yourself, of course, as long as you have your ducks in a row.

I am trying to understand what you've posted. If you had a work endorsement on your FM3, and your job ended the previous September (2009) when you then moved to another (Canadian) company, you would have had a short window (under INM rules) at that point to arrange permission to work for the new employer. You stated your FM3 expired in March 2010, but I suspect it became not valid prior to that (unless I am missing something).

Also, you posted a month ago (mid Oct) that your job teaching in the hotel ended abruptly and that you were now looking for work. I am a bit confused why they are holding your passport and FM3 booklet, at this point.

[Isla Guapa]

[leegleze]

Right you are, Samantha! My classes were 'suspended' last month but, according to the head honcho, I am still on the books. And yes, they should have done this in September 2009, but because my former company always took care of things on time, I was stupid enough to believe this one would too. The expiry date in March 2010 would have been the case if I'd stayed with the first company.

In any case, I called the company about an hour ago and "offered to bring my own lawyer to a meeting". They immediately sent their lawyer to my house to talk to me. With his help, I was able to check the progress of the FM3 on line, and found that it has indeed in progress and should be finished by Friday. The lawyer gave me back my passport (Hooray!) and told me that the company had paid for my FM3 and the penalties because of the delay. It's been a long and worrying haul, and I still won't rest until I walk away from Migracion with my FM3 card in my own wallet!

(Oh, and the little man from ENOE who came to my house to fill out the form was indeed an official, but the whole thing was "routine" according to my own lawyer and friend. No deportation pending!)

Thanks to all of you for your sound advice, and especially to Prof Gringo who posted in the first place. It got me moving and being proactive about my situation. <<< A deep bow in your direction, Sir. >>>