Therefore, upon coming to live in Mexico and in order to obtain Mexican nationality, I registered my father’s and my birth certificate with the Office of Vital Records for the State of Yucatan (Registro Civil del Estado de Yucatan, or RCEY in Spanish). When I went to the Ministry of Foreign Affairs (SRE) to apply for my passport, I was told they could not issue me one because I did not meet the naturalization requirements and that the RCEY had misinterpreted the Political Constitution of the United Mexican States (CPEUM). Is the response of the SRE correct?
Yes. Pursuant to Article 30 of the CPEUM those considered “Mexican by birth” are individuals born abroad from naturalized Mexican parents, from a naturalized Mexican father or a naturalized Mexican mother (Section III). As such, before applying to obtain Mexican nationality through naturalization, you should first apply for your father's or mother's Mexican naturalization and apply for yours thereafter.
Nevertheless, by virtue of your being a direct descendent of a Mexican by birth and pursuant to Article 20 of the (Mexican) Nationality Act, in order to apply for your naturalization, you need only demonstrate that you have been living in Mexico for the two years immediately prior to the date of your application. For such purpose, you must have the FM2 visa ( Immigration Form) with the status of “inmigrante” (temporary resident) during the aforementioned two-year period.
Within 180 days from May 25, 2011, the Federal Executive branch shall issue Regulations for the Immigration Law; meanwhile, and insofar as it is not contrary thereto nor inconsistent therewith, the Regulations of the General Population Act shall continue to apply.
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