Mexican Dual Citizenship

Posted by jennifer rose on January 25, 1999

Although “citizenship” and “nationality” are bandied about interchangeably, they are separate and distinct concepts.

The Mexican Law of No Loss of Nationality, which went into effect in 1998, makes the procedure quite simple. Until at least 2003, the application can be made at the Mexican Consulate having jurisdiction over wherever it is that you live.

The Nationality Act revokes the previous rule that took away Mexican nationality from those who became citizens of another country. Furthermore, the new act broadens eligibility for nationality to include children of Mexican-born people. And the law is retroactive: Those who would have met the revised terms in the past may now claim back their Mexican nationality. Those eligible have five years to apply. The law permits Mexican dual nationality but not dual citizenship, a distinction that will prevent dual nationals from voting in Mexican elections or holding high office here. Some Mexican Americans are now pushing for full voting rights in Mexican elections. Among the most significant changes in the new law is the removal of investment restrictions imposed on foreigners in Mexico, which some expect to unleash greater capital flows by Mexican nationals to Mexico.

As of March 20, 1998, Mexican law recognizes dual nationality for Mexicans by birth, those born in Mexico or those born abroad to Mexican parents. U. S. Citizens who are also Mexican nationals should be aware that they will be considered Mexican by local authorities and that dual nationality status may hamper U.S. government efforts to provide consular protection. Dual nationals will not, however, be subject to compulsory military service. Travelers possessing both U.S. and Mexican nationalities must carry with them proof of their citizenship in both countries. Under Mexican law, dual nationals entering or departing Mexico must identify themselves as Mexican or face a stiff fine. Under U.S. law, U.S. citizens must enter the U.S. territory with documents proving U.S. citizenship.

To obtain the Declaration of Mexican Nationality, the interested party must meet the following:

REQUIREMENTS

1. Be at least 18 years of age and of sound mind.
2. Complete the application at the Mexican Consulate.
3. Present the following documents in original and two photocopies:
   • If the person was born in United States:

     – A Certified copy of the Birth Certificate, apostilled by the Secretary of State of the issuing authority.

     – Original or certified copies of the Mexican father or mother’s birth certificate.

   • If the person was born in Mexico

     – Original or certified copy of the birth certificate.

4. Married women need to present the marriage certificate.
5. Document that proves the U.S. citizenship (i.e. passport or Certificate of Naturalization).
6. Official picture ID (i.e. Driver’s license, passport, California ID, etc.)
7. Two-passport size photos.
8. $12 USD in cash, cashier’s check or money order.

Posted by Wild Bill on January 26, 1999

Hi Jennifer,

You seem to be “up” on the subject and I have a question. My daughter (20 y.o.) was born in Mexico to two American parents thus is an American citizen by birth and I acquired an “AA Certificate” (Acquired at Birth) here in the states. So I guess the question is whether she is automatically a Dual National or should I follow up with the recommendations you posted (?). Also, am I in a position to obtain Dual Nationality myself? Any information would be greatly appreciated!

Kind Regards,

Wild Bill Wiederhold

Posted by jennifer rose on January 27, 1999

Your adult Mexican-born daughter will still need to follow up with the procedure by contacting the Mexican Consulate having jurisdiction over her place of residence to obtain Mexican nationality.

I’m not exactly sure (and I’m not sure whether it’s because I’m not exactly sure or whether it’s just because I’ve not had enough coffee at this early hour) how you’ll stand AFTER she obtains Mexican nationality. Again, ask at the Mexican Consulate.