Prepare «political asylum» and refugee status for political reasons is quite complex. When the wave of migration from the CIS to the United States through Mexico began in 2021, many of those who were unable to get to the United States assured us that they easily received «political asylum» in Mexico. Having sorted it out, we realized that they were confusing the concepts. They received not refugee status, but “temporary visitor for humanitarian reasons” status, and these are two very different things. Because refugee status — this is permanent residence, an indefinite right to live in Mexico, and temporary visitor status — this is a stripped-down analogue of a temporary residence permit, with a number of restrictions, which, moreover, can be taken away at any time. Political persecution at home, even if there were any, does not play any role in obtaining the status of a temporary visitor.
However, the status of a temporary visitor still opens up the possibility of acquiring a full-fledged residence permit in Mexico. Now we will tell you how you can use it.
Now residents of the CIS countries who are already located in Mexico most often try to obtain “political asylum” in order to avoid deportation from the state in the hope of getting back to the United States. Some of them entered Mexico illegally, across the land border with Guatemala — such people believe that applying for asylum will give them at least some legal status. There are also those who have already been denied asylum in the United States by a US court, and they are counting on Mexico as a country in which they have the opportunity to settle so as not to return to their homeland. Others want to leave Russia and neighboring countries by any means and therefore, in addition to this, consider Mexico as a country for a future life. Of course, there are also real refugees who experience oppression on religious or social grounds in their homeland, and are not fleeing economic problems and political instability. But there are fewer of them.
So, while on Mexican territory (and no other way), you need to contact the Commission for the Protection of Refugees (COMAR) or the National Institute of Migration (INM, the migration service) that represents it. Many whom the Americans deployed at the border and handed over to their Mexican colleagues were given orders by the Mexican migration service to either resolve the migration situation or leave the country within 20 days. Most often, «regulate the migration situation» means to request asylum, which, in fact, the Mexican migration service also offered. We have already written that by pushing for asylum, the migration service simply shifted responsibility for the fate of these people to COMAR. They did not violate the migration regime, and there is no reason for full deportation (they were given orders to leave Mexico, but were not deported at the expense of the state).
After accepting the asylum application, COMAR issues a confirmation that must be taken to the migration service. From this moment on, they have no right to deport from Mexico. The Migration Service issues a temporary resident card for humanitarian reasons, and COMAR issues a CURP — Mexican Resident Identification Number. Based on these two documents, you are allowed to live in Mexico while your application is being considered, and even work and have access to public healthcare without paying. In fact, it is unlikely that you will be able to find a normal job, since employers most often refuse candidates with temporary visitor status.
The temporary visitor card is valid for 1 year, then it can be extended if refugee status has not yet been granted. More precisely, temporary visitor status is valid until the Refugee Commission makes a decision: to provide refugee status or to refuse. You must first be given an interview date so that you can explain your reasons for seeking asylum. Sometimes an interview is scheduled quickly. But while there is a coronavirus epidemic, the offices of the Refugee Commission are processing cases very slowly, and in addition, the offices are overloaded with requests due to the influx of migrants. As a result of the interview, you can wait a year, and some wait even two. After the interview, almost 2 more months will pass before the decision on granting refugee status is finally made.
The status of a temporary visitor itself gives the option to move freely throughout Mexico and even leave the country. But NOT if it is provided through COMAR. Refugee claimants are prohibited from leaving the state in which they filed the claim and are prohibited from leaving Mexico or the claim will be revoked. In addition, they need to regularly confirm their location. This is a definite trap. Let’s say that in Tijuana it is possible to find part-time work in bars and clubs, but how can one find part-time work in Tapachula on the border with Gatemala and in Chiapas in general, and even without knowing the language? Let us add that when you do receive refugee status, you will be able to leave Mexico, but you will not be able to travel to your homeland, because you are oppressed there.
The time your temporary visitor card is valid is extremely important. As we said, you are unlikely to receive refugee status for political reasons. Representatives of LGBT, religious movements, etc. will most likely receive it, but according to policy — unlikely. If you want to know who Mexico gives asylum to, read the 1984 Cartagena Declaration. In general, Article 52 of the Mexican Migration Law allows for a fairly broad interpretation of the reasons for applying for asylum in Mexico. For example, Venezuelans receive «political asylum» in Mexico they do, but Mexico’s political obligations in the Latin American region play a role there. Haitians are given asylum on a one-time basis (as an exception) with the wording “vulnerable groups on their territory.” Of course, hiring a lawyer increases the chances of obtaining «political asylum» in Mexico, but we don’t know any decent lawyers who «suck it» stories of political persecution.
While the temporary visitor card is valid, try to find another reason to acquire full resident status. The status of a temporary visitor for humanitarian reasons makes it possible to change it to a residence permit for a number of reasons without leaving Mexico. The available options to change the status of a temporary visitor to the status of a resident of Mexico are marriage to a citizen or resident of the country or the birth of a child.
Changing your visitor status to a residence permit for other reasons is possible only after you receive a refusal to grant refugee status. That is, in about a year. If you have already found legal work in Mexico, you do not need to go to a foreign Mexican consulate to first obtain a work visa, and your employer does not need to issue you a job offer through the immigration service. Some manage to open a company, hire themselves to work (they have a work permit), and on this basis obtain a residence permit. If you have enough money in your account, you should not travel to apply for a financial solvency visa first.
During the year that your temporary visitor card will be valid, you will certainly find a solution on how to change your status to resident and stay in Mexico. You need to think about this in advance. Because once your asylum application is denied and your temporary visitor status is revoked, you only have 15 to 30 days to leave Mexico. Then you will never have the opportunity to come here again. It is unlikely that you will have time to obtain a residence permit in these 15 days.
To sum it up:
- An asylum claim in Mexico, if accepted, offers the opportunity to avoid deportation.
- Based on the application, temporary visitor status for humanitarian reasons is issued, and not immediately refugee status.
- Temporary visitor status gives you the opportunity to legally live and work in Mexico. You will have the opportunity to look around and decide whether you want to stay in Mexico.
- Temporary visitor status imposes restrictions on movement within Mexico.
- Temporary visitor status opens up options for acquiring residency in Mexico. You will have about a year to find and implement these opportunities.
- Find a legal job, get married or have a child, and have the opportunity to acquire a full-fledged residence permit in Mexico.