Now Available for the First Time in English: The Immigration Law of Mexico

This single volume of approximately 450 pages is available in hard copy and as a downloadable e-book with live links to aid analysis and research. More information is available at www.lawtranslationsonline.com

Here’s what Jeffrey Davidow, U.S. Ambassador to Mexico, 1998-2003, said about the book:

"Spencer and Mellin have performed a valuable service for attorneys and others eager to advise their clients about the intricacies of Mexican immigration law. With a steadily increasing flow of foreigners eager to make Mexico their home for all or part of the year, this knowledge is indispensable and could serve to avoid numerous headaches."

Mexico’s immigration law is sophisticated and detailed. What follows is a brief introduction.

A BRIEF INTRODUCTION TO THE IMMIGRATION LAW OF MEXICO

Overview

There are the three important legal texts on immigration law in Mexico: The General Population Act, the Regulations of the General Population Act, and the Immigration Procedures Manual. The fundamental statute enacted in 1974, the General Population Act, consists of 157 articles. The latest regulations of the Act, published in April 2000, consist of another 239 articles. The Immigration Procedures Manual, published in September 2000, ties together the Act and the Regulations in a well-organized and highly readable compendium of visa procedures that filled over 175 pages of the Official Federal Daily ( Diario Oficial de la Federación of Mexico.

All three documents (the General Population Act, the Regulations of the General Population Act, and the Immigration Procedures Manual) contain references to the ‘minimum daily wage in effect in the Federal District.’ This is a government-set minimum wage commonly used as a benchmark figure for purposes of calculating fines and other economic amounts established in various laws and regulations. It is usually published every December in the Diario Oficial), to be effective the following January 1. The minimum daily wages for 2003 were published in the Official Federal Daily of December 26, 2002.

Appendix 2 of the Immigration Procedures Manual includes a copy of the official Immigration Procedure Application Form (Solicitud de Trámite Migratorio) used for almost all immigration procedures in Mexico. Many portions of this form are in bilingual format, although the officially translated text in English contains many errors.

Appendix 3 of the Manual includes a schedule of fees applicable to immigration procedures, as of 12/31/2000. The reader is reminded that the Mexican government may change fees from time to time and therefore those published in the manual may not be current.

General Summary of the Law

Mexico’s immigration law may be divided into three general areas: non-immigrants, immigrants and permanent residents. There are 21 categories of nonimmigrant and eight categories of immigrant. The nature of each of these classifications is established and described in the Act and the Regulations. The application procedures for each are set out in the Manual. There are also specific provisions governing the period of stay for each category, as well as rights (if any) to change status, extend the stay, or modify permitted activities.

Permanent residency in Mexico is obtained only after one has held immigrant status for the required period of time. The Act, Regulations and Manual prescribe in detail the procedures for changing from immigrant status to that of permanent resident.

The Table of Contents of the Manual, reproduced below, perhaps best demonstrates the comprehensive nature of Mexico’s immigration law.

TMN-I-1 Tourist

TMN-I-2 Transmigrant

TMN-I-3 Advance Entry Permit for Tourist or Transmigrant

TMN-I-4 Visitor

TMN-I-4.1 Visiting Business Person and Investor

TMN-I-4.2 Visiting Technician or Scientist

TMN-I-4.3 Visiting Pensioner

TMN-I-4.4 Visiting Professional

TMN-I-4.5 Visiting Confidential Employee

TMN-I-4.6 Visiting Human Rights Observer

TMN-I-4.7 Visiting Elections Observer

TMN-I-4.8 Visiting Board Member

TMN-I-4.9 Visiting Artist or Athlete

TMN-I-4.10 Other Visitor

TMN-I-5 Religious Minister or Associate

TMN-I-6 Political Asylum Seeker

TMN-I-7 Refugee

TMN-I-8 Student

TMN-I-9 Distinguished Visitor

TMN-I-10 Local Visitor

TMN-I-11 Temporary Visitor

TMN-I-12 Correspondent

TMN-I-13 Economic Dependent

TMN-E-14 Change of Category under Non-Immigrant Status

TMN-E-15 Issuance and Replacement of Immigration Permit

TMN-E-16 Assignment of Number in the National Registry of Foreigners

TMN-E-17 Normalization of Stay Period

TMN-E-18 Extension of Permit Period

TMN-E-19 Extension of Tourist Permit

TMN-E-20 Extension of Stay Period

TMN-E-21 Change or Broadening of Activities and/or Employer under Non-Immigrant Status

TMN-E-22 Annotation on Immigration Permit

TMN-S-23 Exit and Reentry Permit While Procedure Is Pending Resolution

TMN-S-24 Issuance of Definitive Exit Document

TMI-I-25 Immigrant Pensioner

TMI-I-26 Immigrant Investor

TMI-I-27 Immigrant Professional

TMI-I-28 Immigrant Confidential Employee

TMI-I-29 Immigrant Scientist

TMI-I-30 Immigrant Technician

TMI-I-31 Immigrant Family Member

TMI-I-32 Immigrant Artist or Athlete

TMI-E-33 Change from Non-Immigrant to Immigrant Status

TMI-E-34 Acquisition of Assimilated Person Status

TMI-E-35 Change of Category under Immigrant Status

TMI-E-36 Extension of Permit Period

TMI-E-37 Issuance and Replacement of Immigration Permit

TMI-E-38 Assignment of Number in the National Registry of Foreigners

TMI-E-39 Annual Permit Renewal

TMI-E-40 Normalization of Immigrant Status

TMI-E-41 Change or Broadening of Activities and/or Employer under Immigrant Status

TMI-E-42 Exemption from Period of Absence Calculations

TMI-E-43 Annotation on Immigration Permit

TMI-S-44 Exit and Reentry Permit While Procedure Is Pending Resolution

TMI-S-45 Issuance of Definitive Exit Document

TMR-E-46 Change from Immigrant to Permanent Resident Status

TMR-E-47 Extension of Permit Period

TMR-E-48 Issuance and/or Replacement of Immigration Permit

TMR-E-49 Exemption from Period of Absence Calculations

TMR-E-50 Annotation on Immigration Permit

TMR-S-51 Exit and Reentry Permit While Procedure Is Pending Resolution

TMR-S-52 Issuance of Definitive Exit Document

TMA-M-53 Authorization for Foreigner to Contract Marriage

TMA-D-54 Certification for Processing a Divorce or Marriage Annulment before Judicial or Administrative Authorities

TMA-A-55 Permit to Pursue Adoption Procedures

TMA-C-56 Certification for All Effects

REC-R-57 Appeal for Review

EXP-E-58 Basic File on Individuals or Corporate Entities with Foreign Personnel

DEV-B-59 Return of Security Deposit Voucher

Appendix 1: Legal Framework

Appendix 2: Immigration Procedure Application Form

Appendix 3: Fee Schedule Applicable to Immigration Procedures

Appendix 4: Comparative Chart of Procedures Recorded in the FBPR

Appendix 5: Directory and Office Hours