The Status of a Volunteer

By Zane A. Plemmons R.

The Forma Migratoria Tres— FM3, is for foreigners who wish to stay in Mexico for extended periods, longer than a six-month tourist visa. Recent enforcement of a policy concerning volunteer work will affect some of these immigrants, requiring them to upgrade their status or face a slight penalty. It is illogical to ask someone to stop doing that which benefits the community; however, there are factors that might affect the way some are able to participate. The objective of this recent enforcement is not to prevent anyone from volunteering around the city or country, but an attempt at organizing people, and paperwork, according to an employee of Instituto Nacional de Migración (INM), Immigration, who asked not to be identified. The FM3 identifies an immigrant’s status in this country. Upon application, foreigners are evaluated and a status is assigned according to his or her intent. Volunteering is not employment; nevertheless, it is a change in the status and intent of the immigrant, and upon signing the FM3, the immigrant agrees to inform the INM of any changes to their status as an immigrant (page 2 of the FM3), including volunteer work. Because volunteering is done out of the kindness of one’s heart, most suspect that it needn’t be acknowledged in any manner, and though it may not be lucrative or deprive a citizen of employment, it places the immigrant in a position in which they are involved with a group or organization on a regular basis. This affects the status of the immigrant because they are no longer simply vacationers or retirees. According to the Mexican Constitution, immigrants are guaranteed the same rights as nationals, with the exception of political rights. They are also restricted by the same laws; therefore, any immigrant wishing to volunteer on a regular basis, in a capacity in which they train, teach, or organize at companies, schools, or businesses, must be qualified to conduct such activities, just as a Mexican National would be. Hence the FM3 upgrade. An FM3 upgrade serves to inform the Mexican government and the organization benefiting from the volunteers that those persons are qualified to work in the capacity that they offer. This might include an evaluation of studies or certifications abroad, and could involve different branches of the Mexican government, like the Department of Education or the Department of Health, depending on the type of volunteer service the immigrant offers. Despite these evaluations, the process is for documentation purposes only and does not

take long. Registration is done at the INM office in Playa Sur, the process is simple, fees are minimal and, in the end, the immigrant acquires expanded rights and abilities. Documents and fees may or may not be required, dependent on the type of upgrade desired. For volunteers, the fee is $1,294 pesos and presentation of qualifications is assessed on an individual basis. Immigrants can work with more than one group or organization if they wish; they simply report this during the registration process. The status of an immigrant changes the moment they agree to volunteer with any group or organization, and the change must be reported within 15 days, according to their agreement with the INM. If not, penalties can ensue. The INM does not necessarily look to fine immigrants volunteering in this country; however, if an immigrant in violation of their agreement is discovered, he or she is asked to report to the office of Immigration. If the violation has occurred for some time, then a fine will be assessed (depending on the violation) for every day since the violation began. Once the fine and registration fee have been paid, the FM3 is upgraded and the immigrant is allowed to return to the activity. INM’s objective is to have all volunteers upgrade their FM3s so they can continue their service to the community, and avoid a sanction on their immigration paperwork.
A sanction is a temporary hold on an immigrant’s paperwork until issues are resolved, it does not imply arrest because no criminal act has occurred, and the INM is not in the practice of deporting those who strive to better our communities. If the immigrant chooses to avoid a sanction on his/her paperwork, matters can escalate to a denuncia— report that requires immediate payment. If the immigrant refuses to comply, paperwork can be cancelled and he may be asked to leave the country. Matters such as these can be avoided easily by speaking with one of the two women at the INM office waiting to help and guide immigrants through this process. It is a delicate issue, asking volunteers to pay for their services, and fining them if they do not. The policy is in place though, and not to dictate who should help, but to assure everyone involved that those persons are qualified to help in their specified capacity. The INM claims they do not want to discourage volun-teerism. Though it is not considered employment, volunteering still requires an interview and an assessment of qualifications; which is nothing more than a legal process of paperwork, documentation and pronouncement of capabilities—bureaucracy at its best.

 


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