Articles and texts presented in this document are fragments extracted from the Mexican Immigration Law, and interpreted by the Immigration Consultants of this firm.

 

Migration Law
PRELIMINARY PROVISIONS TITLE
CHAPTER ONE PRELIMINARY PROVISIONS

 

Article 1. The provisions of this Act are mandatory and generally observed throughout the Republic and are intended to regulate what has to do with the entry and exit of Mexicans and foreigners to Mexican territory and the transit and the stay of foreigners in it, within a framework of respect, protection and safeguarding human rights, contribution to national development and preservation of sovereignty and national security.
Article 2. The migration policy of Mexico, is the set of strategic decisions to achieve certain objectives that, based on the general principles and other provisions contained in this Act, are embodied in the regulations, secondary legislation, various programs and concrete actions to addressing migration from Mexico holistically, as a country of origin, transit, destination and return of migrants.

The following are principles on which the migration policy of the Mexican State should underpin:

Full respect of human rights of migrants, nationals and foreigners, whatever their origin, nationality, gender, ethnicity, age and immigration status, with special attention to vulnerable groups such as children, women, indigenous people, adolescents and people the elderly, as well as victims of crime. An irregular migratory situation itself will not figure as a crime by a migrant by the fact of being in a no documented condition.

Consistency so that the Mexican State can guarantee the enforcement of the rights that claims for its citizens abroad, on admission, entry, stay, transit, deportation and assisted return of foreigners in its territory.

Holistic approach consistent with the complexity of the international mobility of people that addresses the various manifestations of migration in Mexico as a country of origin, transit, destination and return of migrants, considering its structural causes and their immediate and future consequences.

Shared responsibility with governments of various countries and between domestic and foreign institutions involved in migration subjects.

Hospitality and international solidarity with the people who need a new place of temporary or permanent residence because of extreme conditions in their home country which endanger their lives or living together, according to Mexican tradition in this regard, treaties and international right.

Facilitating international mobility of people, safeguarding order and security. This principle recognizes the contribution of migrants to societies of origin and destination. At the same time, it strives to strengthen the contribution of the immigration authorities to the public and border security, regional security and the fight against organized, especially in the fight against migrant trafficking or kidnapping crime and trafficking in all its forms.

Complementarity of labor markets with countries of the region, as the basis for proper management of labor migration in line with national needs.

Equality between nationals and foreigners, as indicated by the Constitution of the United Mexican States, especially in regard to the full observance of individual rights, both for nationals and foreigners.

Recognition of the acquired rights of immigrants, while foreigners with roots or family, work or business in Mexico ties have generated a series of rights and obligations from its daily coexistence in the country, even though they may have incurred irregular immigration situation by administrative and provided that the alien has complied with applicable law.

Family unity and best interests of the child or adolescent, as a priority standard for admission and stay of foreigners for temporary or permanent residence in Mexico, along with labor needs and humanitarian causes, while the family unit is an element noun for the creation of a healthy and productive social fabric of communities of foreigners in the country.

Social and cultural integration between domestic and foreign residents in the country, based on multiculturalism and freedom of choice and full respect for the cultures and customs of their communities of origin, provided they do not contravene the laws of the country.

Facilitate the return to national territory and social reintegration of Mexican migrants and their families, through interagency programs and of strengthen links between communities of origin and destination of Mexican emigration, for the benefit of family welfare and regional development and national.

The Executive will determine immigration policy in its operative part, for which it must collect the demands and positions of other government’s branches, the governments of the states and civil society organizations, taking into account the tradition Humanitarian of Mexico and its unwavering commitment to human rights, development and national, public and border security.

 

Article 3. For the purposes of this Act shall apply:

1. Immigration Authority: the public servant who holds the legal authority expressly granted to perform certain functions and acts of authority in immigration matters.
2. Readmission agreement: the act by which the Secretary determines the authorization of the entry into the country of a foreign deported before.

III. Asylum: a foreigner who is recognized as such, under the terms of the Law on Refugees, Asylum and Complementary Protection.

DOF reformed fraction 30/10/2014

 

1. Stateless: any person who is not considered as a national by, any State under its law. The law granted equal treatment of persons who have a nationality but is not effective.
2. Assessment Center: Center for Evaluation and Control Confidence National Migration Institute.
3. Condition of stay: a regular situation where an alien is framed into a migratory activity developed in the country, or, in response to humanitarian criteria or, by their intention of residence and in some cases, international solidarity.

VII. Constitution: the Constitution of the United Mexican States.

VIII. Fee: the maximum number of foreigners to enter the country to work either in general economic activity or area of residence.

1. Human rights defender: any person or organization of which individually or collectively civil society promotes or seeks protection or execution of human rights, fundamental freedoms and individual rights at the national or international level.
2. Migration Station: a physical facility that establishes the Institute for temporary accommodation for foreigners who do not prove their regular migration status, while their immigration status is resolved.
3. Alien: a person who does not meets the quality of a Mexican citizen, as provided in Article 30 of the Constitution.

XII. Filter immigration review: the space located in the position intended for international movement of people, where the Institute authorizes or rejects the regular admission of persons to the territory of the United Mexican States.

XIII. Institute: National Migration Institute.

XIV. Act: this Act.

1. Place intended for international movement of people: the physical space set by the Secretariat for the travel of people from one country to another.

XVI. Mexican: person who possesses the qualities laid down in Article 30 of the Constitution.

XVII. Migrant: an individual that comes out, passes or arrives into the territory, different from his country of residence.

XVIII. Child or teenager unaccompanied: any national migrant or foreign children and adolescents under 18 years of age, who is in national territory and that is not accompanied by a blood relative or a person having legal representation.

XIX. Consular Office: representations of the Mexican State to the government of another country in which they are made permanent the following functions: to protect Mexicans located in his district, promote trade, economic, cultural and scientific relations between the two countries and dispatch documents to Mexicans and foreigners in terms of the Mexican Foreign Service Act and its Regulations.

1. Presentation: the injunction issued by the Institute through which the temporary accommodation of an alien who does not prove their immigration status in order to regularize their stay or return assistance remembers.

XXI. Additional protection: the protection that the Secretariat gives to the foreigner that has not been recognized as a refugee, consisting in not returning to the territory of another country where his life would be threatened or be in danger of being subjected to torture or other cruel or cruel, inhuman or degrading punishment.

XXII. Refugee: a foreigner who is in national territory and is recognized as a refugee by the competent authorities in accordance to international treaties and agreements that the Mexican State is part and legislation.

XXIII. Regulation: the Regulations under this Act.

XXIV. Assisted return is the process by which the National Migration Institute makes a foreign go out of national territory, by referring him or her to their country of origin or habitual residence.

XXV. Compensation: to perceptions received by persons in the territory of the United Mexican States for the provision of a subordinate personal service or by providing an independent professional service.

XXVI. Secretariat: the Secretariat of the Interior.

XXVII. Immigration service career: the mechanism that ensures equal opportunities for admission, retention and development of public servants in positions of trust of the Institute.

Fraction added DOF 06/07/2013

XXVIII. Immigration status: the hypothesis that a foreign ranks based on compliance or non-compliance with the migratory requirements for admission and stay in the country.

XXIX. Residence card: document issued by the Institute which allows foreigners to prove their regular migration status of temporary or permanent residence.

Traveled fraction DOF 07/06/2013

XXX. Immigration process: Any application or information delivery that formulate natural and legal persons at the immigration authority to perform an obligation in order to obtain a benefit or service of migratory so that a resolution is issued, and any other document such People are required to keep, no documentation or information it being understood that only need to be submitted in case of a request of the Institute, and

Traveled fraction DOF 06/07/2013

XXXI. Visa: the authorization that is granted in a consular office which shows the accreditation requirements for a condition of stay in the country and is expressed in a document that is printed, adhered or attached to a passport or other document. The visa can also be granted via electronic and electronic records being able to call or virtual visa. The visa allows the foreigner to present itself at a place intended for international movement of people and apply depending on the type of visa a condition of stay, as long as all other entry requirements are met.

Traveled fraction DOF 07/06/2013

Article 4. The application of this law falls within the Secretariat, to which may be assisted and coordinated with other agencies of the Federal Public Administration whose functions are linked with migration.

 

Article 5. Excluded from immigration inspection representatives and officials of foreign governments and international organizations who enter the country on an official committee, their families and members of the service staff, as well as persons who, under the treaties and conventions to which the Mexican State is a party, the laws and international practices recognized by the Mexican State, enjoy immunities from territorial jurisdiction, consistent with international reciprocity.

Foreigners who have completed their official commission in the United Mexican States and wish to stay in the country, as well as those enjoying immunity and renounce it in order to work on a lucrative basis, must comply with the provisions of this Law and other legal provisions applicable.

 

PART FOUR OF INTERNATIONAL MOVEMENT OF PEOPLE AND STAY OF FOREIGNERS IN HOMELAND
CHAPTER I

ENTERING AND LEAVING THE TERRITORY
Article 34. Mexicans and foreigners can only enter and leave the country by the determined international transit check points destined for travelers by land, sea and air.

Regular admission to the country is made when the person goes through the Immigration filters, located in places destined to the international transit of people by land, sea and air, within hours established for that purpose and intervention immigration authorities.

 

Article 35. To enter and leave the country, Mexicans and foreigners must comply with the requirements of this Act, its Regulations and other applicable legal provisions.

It corresponds exclusively to personnel of the Institute to guard the entrance and exit of nationals and foreigners and checking their proper documentation.
Article 36. Mexicans may not be deprived of the right to enter national territory. To this end, they must prove their nationality in addition of meeting other requirements established by this Act, its Regulations and other applicable legal provisions.

Mexicans verify their nationality with any of the following documents:

1. Passport.
2. Citizen Identity Card or Personal Identity Card or equivalent.

III. Certified copy of birth certificate.

1. Consular registration.
2. Letter of Naturalization, or
3. Certificate of Mexican Nationality.

 

Article 37. To enter the Mexico, foreigners must:

1. Present at the immigration filter, the following documents:
2. a) Passport or identity travel document, valid in accordance to the existing international law, and
3. b) When required, visa validly issued and in force, in terms of Article 40 of this Law; or
4. c) Residence card or permit of stay in the condition of regional visitor, border visitor worker or humanitarian grounds visitor.
5. Provide information and personal data requested by the competent authorities within the scope of its powers.

 

• Foreigners do not need visa to enter Mexico in any of the following cases:

1. a) Nationals of countries with which there is a signed agreement abolishing visa or that no visa is required under a unilateral decision taken by the Mexican State.
2. b) Applicants of the regional and border working visitor program.
3. c) Licensees of a departure and return permit.
4. d) Holders of an authorized condition of stay, in previously determined cases by the Secretariat;
5. e) Applicants for refugee status, complementary protection and determination of statelessness, or for humanitarian reasons or force majeure, and
6. f) Crew members of commercial vessels or aircraft under the international commitments of Mexico.

Article 38. The Secretariat, because of public interest reasons and while causes persist, suspension or prohibition of admission to foreigners. This by issuing general administrative provisions, to be published in the Official Gazette.
Article 39. Under the terms of this Act and its regulations, in the process of processing and issuance of visas and residence conditions authorization will interfere the following:

1. Offices established by the Secretariat on national territory, and
2. Consular offices in accordance with the Mexican Foreign Service Act and Regulations.

Article 40. Foreigners wishing to enter the country must present one of the following types of visa, validly issued and not expired:

1. Visitor visa without permission to engage remunerated activity, authorizes the foreigner to present itself in any place intended for international transit of people and apply for their entry into national territory, this to remain on an uninterrupted period of time, no longer than one hundred eighty days starting from the date of entry.
2. Visitor visa with permission to engage remunerated activity, authorizes the foreigner to present itself in any place intended for international transit of people and apply for their entry into national territory, this to remain on an uninterrupted period of time, no longer than one hundred eighty days starting from the date of entry and take into place remunerated activities.

III. Visitor visa for adoption proceedings, which authorizes foreigners linked to a process of adoption in the United Mexican States, to present itself anywhere intended for international transit of people and request its entry into national territory, in order to remain in Mexico, while the writ of execution is issued and, where appropriate, the new certificate of the child or adolescent that will be adopted is enrolled in the Registry as well as the respective passport and all necessary paperwork is issued to ensure the proper exit of the child or teenager from the country. The issue of the authorization, proceed only with respect to citizens of countries with which the United Mexican States have signed an agreement on the matter.

1. Temporary resident visa, which authorizes foreigners to present themselves anywhere intended for international transit of people and request their entry into national territory, in order to stay no longer than four years.
2. Temporary Resident Visa student, authorizes foreigners to present themselves anywhere intended for international travel of people and request their entry into national territory, in order to remain for the duration of the courses, studies, or research projects attesting that training is conducted in educational institutions within the national education system, and perform remunerated activities in accordance to the provisions of section VIII of Article 52 of this Law activities.

 

1. Permanent residency visa, which authorizes foreigners to present themselves anywhere intended for international travel of people and request their entry into national territory, in order to remain indefinitely.

None of the visas grants permission to work in exchange for remuneration, unless it is explicitly mentioned in that document (visa).

 

The visa accredits requirements for a condition of stay and authorizes the foreigner to present itself anywhere intended for international travel of people and request their entry into the country under the previously granted condition of stay, without prejudice to subsequently obtain a residence card.

 

Article 41. Foreigners will request their visa at consular offices. These will authorize and issue visas in accordance to the applicable legal provisions.

In cases where the right to preserve family unity, job or for humanitarian reasons, the visa application may be made at the offices of the Institute. In these cases, it is the Institute who authorizes and Mexico’s consular offices abroad the issuing of the visa as they instruct.

The consular office may request the Institute to reconsider the authorization if at their judgement the applicant does not meet the requirements of this Act, its Regulations and other applicable legal provisions.

The Institute solves in and definite matter without liability to the consular office.

 

Article 42. The Ministry may authorize the entry of foreigners applying for recognition of refugee status, political asylum, statelessness determination, or due to force majeure or for humanitarian reasons, without meeting any of the requirements set out in Article 37 of this Law.

 

Article 43. Notwithstanding provisions of Article 42 of this law, immigration authorities may refuse to issue a visa, regular admission to their territory or residence to foreigners who are located in one of the following cases:

1. Being subject to criminal prosecution or conviction for serious crime under national law in criminal matters or the provisions of international treaties and agreements which is part of the Mexican state, or who’s background in Mexico or abroad could compromise national security or public safety.
2. When they not meet the requirements of this Act, its Regulations and other legal provisions.

III. When in doubt about the authenticity of documents or the accuracy of the provided elements.

1. Be subject to specific prohibitions of authority, or
2. What other legal provisions provide.

Immigration authorities in the scope of its powers, will have the means to verify the above assumptions and for this purpose may require extra information or data as required.

The fact that the alien has failed to comply with the provisions of Section II of this Article shall not prevent immigration authorities to analyze once again the visa application, whenever it complies with the provisions of this Act, its Regulations and other legal provisions applicable.

In cases where the alien has been convicted of a felony under national laws, the Institute will assess its immigration status serving the principles of social rehabilitation as well as those relating to family reunification.

 

Article 44. The international shipping companies maritime or air passengers are required to verify that aliens transported, have the valid documentation and force required to penetrate into the country or the country of final destination.
Article 45. Foreign companies’ crew in international transit by air, land or sea that arrive to Mexican territory on active duty, may remain in the country only for the necessary time to restart their service at the next assigned exit.

Costs arising from the presentation, deportation or departure of crew members who do not comply with this provision will be covered by the transport company for which they work.

 

Article 46. Airlines and vessel companies, as well as aircraft and private ships engaging international passenger transport, shall electronically transmit information on passengers, crew and vehicles entering or leaving the country to the Institute.

 

Article 47. People getting out of the country, must:

1. Do it thorough places opened to the international movement of people.
2. Identify their selves by an international passport or identity card or valid and current travel.

III. Submit to the Institute the information required for statistical purposes.

1. Foreigners must prove their regular migration status in the country, or the issued permit by the immigration authorities under the terms of Article 137 of this Act, and
2. Subject to establish what other rules in the matter.

Article 48. The exit of Mexicans and foreigners from national territory, may freely be carried out except in the following cases:

1. He has been issued by a judicial authority, protective order or injunction, provided its object the restriction of freedom of movement.
2. That is linked to a process under restricted freedom.

III. That counts with a parole or conditional liberty except with permission of the competent authority.

1. For reasons of national security, in accordance with legal provisions, and
2. In the case of children and adolescents subject to an international return process, in accordance with the provisions of international treaties and conventions to which Mexico is a party state.

The Institute will have the means to verify the above assumptions, in accordance with the provisions of the Regulation.

Article 49. The departure of children and adolescents or persons under legal protection in terms of civil law, whether Mexican or foreign, is also subject to the following rules:

1. They shall be accompanied by any of the persons exercising parental authority or guardianship, and meet the requirements of civil law.
2. In case they are accompanied by an adult from a third party o traveling alone, must present a passport and a document stating the authorization of those exercising parental authority or guardianship, this notarized or by the authorities having authority to do so.

Article 50. The Institute will verify the immigration status of stowaways who are in air, sea or land transport and by this may determine, in accordance with the provisions of the Regulation.

 

Article 51. The Secretariat shall have the authority to issue administrative policies and general provisions, to be published in the Official Gazette, in order to meet the immigration needs of the country, taking into account the views of the National Population Council.

 

CHAPTER II

STAY IN FOREIGN TERRITORY
Article 52. Foreigners may remain in the country under the conditions of stay of visitors, temporary and permanent resident, as long as they meet the requirements of this Act, its Regulations and other applicable legal provisions, in accordance with the following:

1. VISITOR WITHOUT PERMISSION FOR REMUNERATED ACTIVITIES. Authorizes the foreigner to travel or remain in national territory for an uninterrupted period of time no longer than a hundred and eighty days counted from the date of entry without permission to perform activities subject to remuneration in the country.
2. VISITOR WITH PERMISSION TO PERFORM REMUNERATED ACTIVITIES. Authorizes to those foreigners that count with a job offer, with an invitation by any authority or academic institution, artistic, sporting or cultural by which they will perceive remuneration in the country, or comes to engage a seasonal remunerated activity under interagency agreements with foreign entities, to be able to remain in national territory for no more than one hundred and eighty days in an uninterrupted time, counted from the date of entry.

III. REGIONAL VISITOR. Authorizes the national foreigners or residents of the neighboring countries to enter the border regions with the right to get into the country and leave as many times as they wish, with their stay of no more than three days and not being able to receive remuneration in the country.

1. BORDER VISITOR WORKER. Authorizes the foreigner who is a national of the countries with which the United Mexican States share boundaries, to stay up to one year in the states determined by the Ministry. The border worker will count with working permit to work in exchange for remuneration in the country, on the activity related to the job offer and he or she is entitled to enter and leave the country as often as desired.
2. HUMANITARIAN REASONS FOR VISITING. This condition shall be allowed to foreigners who are in any of the following cases:
3. a) Being offended, victim or witness of a crime committed in national territory.

For purposes of this Act, without prejudice to other legal provisions, shall be deemed as the offended or victim to the person who is the passive subject of the criminal conduct, regardless if it is identified, apprehended, prosecuted or convicted perpetrator and regardless of the familial relationship between the perpetrator and the victim.

To the offended, the victim or witness to a crime who is provided the condition of stay of Visitor by Humanitarian Reasons, will be authorized to stay in the country until the process has been concluded, at the end of it the foreigner must go out of the country or apply for a new condition of stay, with the right to enter and exit the country as many times as he or she wishes and with a work permit able to receive remunerated activities in the country.

1. b) Being a child or teenager unaccompanied, in terms of Article 74 of this Law.
2. c) Be applicant for political asylum, recognition of refugee status or supplementary protection of the Mexican State, as to their immigration status is resolved. If the request is positive they will be granted the status of permanent resident stay in terms of Article 54 of this Law.

The Secretariat may also grant the condition of stay of humanitarian visitor to foreigners not located in the above cases, when there is a humanitarian or public interest that requests the foreigner prescence in the country, in which case they will have a work permit in exchange for remuneration.

1. VISITOR WITH ADOPTION PURPOSES. Authorizes foreigners linked to a process of adoption in the United Mexican States, to remain in the country until the writ of the case is made, and registered in the civil register, the new certificate of the child or adolescent adopted, and the respective passport and all necessary paperwork is issued. The issuance of this authorization only applies to those citizens of countries with which the United Mexican States have signed an agreement on this matter.

VII. TEMPORARY RESIDENT. Authorizes the foreigner to stay in the country for no more than four years, with the possibility of obtaining a work permit in exchange for remuneration in the country, subject to a job offer with the right to enter and leave the country as often as desired and entitled to the preservation of the family unit so that the foreigner may enter with or subsequently request the admission of persons listed below who may stay legally in national territory for the duration of resident permit temporary:

1. Children of temporary resident and children of the spouse, concubine or mistress, provided they are children and adolescents and have not married, or under their guardianship or custody.
2. b) Spouse.
3. c) Concubine or equivalent figure, crediting the legal situation under the assumptions that says Mexican law, and
4. d) Parent of temporary resident.

The persons mentioned in the above paragraphs shall be allowed to stay legally in national territory under the condition of a temporary resident, with the possibility of obtaining a permit to work in exchange for a remuneration in the country subject to a job, and entitled to enter and leave the country as many times as they wish.

In the event that the temporary resident count on a job offer, he or she will be granted permission to work for remuneration in the country, in the activity related to the job.

Foreigners who were granted the status of temporary residents, may introduce their personal property, in the form and terms determined by the applicable law

VIII. TEMPORARY RESIDENT STUDENT. Authorizes abroad students to stay in the country for the duration of their courses, studies, and research or training projects proving to be performed in educational institutions belonging to the national education system. This until they obtain a certificate, record, diploma, title or related academic degree, with the right to enter and leave the country as often as desired, with permission to perform paid jobs when higher studies, postgraduate and research activities is the case.

Residence authorization for students is subject to the educational institution acceptance letter which has to be annually renewed, for which the foreigner will accredit the fact that conditions to the initial residence authorization persist. Authorization for remunerated activities will be granted once the educational institution issues an approval letter, yet it is subject to a job offer which has to be parallel to the student major. The temporary resident student, has the right to enter and exit the country as many times as he or she wishes to, and has also the right to preserve family unity, for which the foreigner may enter the country with his family or request residence to them.

1. PERMANENT RESIDENT. Authorizes foreigners to remain in the country indefinitely, with permission to work for remuneration in the country.

 

Article 53. Visitors, except for humanitarian reasons and those who have ties with Mexican citizens, or with a foreigner with legal residence in Mexico, cannot change condition of stay and will have to leave the country at the end of the authorized period of stay.
Article 54. Permanent resident will be granted to those foreigners that meet any of the following requirements:

1. For reasons of political asylum, recognition of refugee status and complementary protection or stateless determining, after fulfilling the requirements of this Act, its Regulations and other legal provisions.
2. For the right of family unit preservation in the event of Article 55 of this Law.

III. Foreigners who are retired or pensioners who receive a foreign government or international organization or private companies for services rendered abroad, an income that allows them to live at Mexico.

1. By decision of the Institute according to the points system established for that purpose, in terms of Article 57 of this Law.
2. When four years have elapsed since the foreigner has a temporary residence permit.
3. By having children of Mexican citizenship by birth, and

VII. For being ascending or descending in a straight line to the second degree of a Mexican by birth.

Foreigners who were granted the status of permanent residents stay will be able to obtain a permit to work in exchange for remuneration in the country subject to a job offer, and the right to enter and leave the country as many times as they wish.

Likewise, permanent residents can enter their personal property, in the form and terms determined by the applicable law.

 

Article 55. Permanent residents are entitled to the preservation of family unit, so they can enter with or subsequently apply for a residence for their family. Which may reside in the same country under the same condition of stay and prerogatives mentioned in the previous Article:

1. Parent of the permanent resident.
2. Spouse, which is granted the status of temporary resident stay for two years, after which the spouse can obtain the status of permanent resident stay as long as the marriage subsists.

III. Concubine or equivalent figure which will be granted the status of temporary resident stay for two years, after which it can obtain the status of permanent resident stay as long as cohabitation subsists.

1. Permanent resident’s children and children of spouse or concubine, as long they are children and adolescents and have not been married, and are under their guardianship or custody.
2. Permanent resident’s brothers or sisters, as long as they are children and adolescents and not have married, and are under their legal representation.

Article 56. Mexicans have the right to preserve family unity so they can enter with or subsequently apply for the foreigners residence are the following:

1. Parents.
2. Spouse, which will be granted the status of temporary resident stay for two years, after which it can obtain the status of permanent resident stay as long as the marriage subsists.

III. Concubine, certifying the legal situation under the circumstances pointing Mexican civil legislation, which will be granted the status of temporary resident stay for two years, after which it can obtain the status of permanent resident stay as long when cohabitation subsists.

1. Children born abroad, where, in accordance with Article 30 of the Constitution are not Mexican.
2. Children’s spouse, concubine, or foreigner concubine, as long as they are children and adolescents and have not been married, and are under their legal representation.
3. Brothers, as long as they are children and adolescents and have not been married, and are under their legal representation.

Article 57. The Secretary may establish through administrative provisions of general character which will be published in the Official Gazette, a point system so that foreigners are able to acquire permanent residence without fulfilling the four years of prior residence. Foreigners who enter national territory via the points system will have work permit and will be entitled to the preservation of family unit so they can enter with or subsequently apply for the person’s entry to the country as specified in Article 55 of this Law.

The Secretariat through the points system, allows foreigners to acquire permanent residence in the country. This system must consider at least the following:

1. The criteria to entry via the points system, taking into account the provisions of Article 18, section II of this Act for the establishment of quotas for the entry of foreigners into the country.
2. The capabilities of the Applicant taking into account among other aspects the educational level; the job experience; aptitudes in related areas with the science and technology development; international recognitions, as well as the skills required to develop activities that country, and

III. The procedure to apply for admission via this route.
Article 58. Foreigners have the right for immigration authorities to issue them the documentation of their immigration status, this after meeting the requirements of this Act and its Regulations. When the documentation issued by the immigration authorities does not contain photography, the foreigner must additionally show its passport or valid identification and travel.

 

Article 59. Temporary and permanent residents, except for those requesting political asylum, recognition of refugee status determination or stateless persons, have a period of thirty calendar days from the date of their entry into national territory, to manage with the corresponding residence card, which will remain valid for the time it was authorized. This card will accredit their regular migration status in national territory while it is valid.

Applicants for political asylum, recognition of refugee status, which are determined as stateless or who are granted subsidiary protection, will obtain their permanent residence card once the corresponding procedure residence concludes.

Once the residence card is obtained, temporary and permanent residents have the right to obtain from the Secretariat the Single Key Population Registration (CURP).

The requirements and procedures for the corresponding residence card shall be established in the Regulation.

 

Article 60. Foreign regardless of their condition of stay, either directly or by proxy, may, without requiring permission of the Institute, acquire fixed income securities or variable and make bank deposits, and acquire urban real estate and real rights about the same, with the restrictions set out in Article 27 of the Constitution and other provisions.

 

Article 61. A foreigner may never have two conditions of stay simultaneously.
Article 62. Foreigners who have an authorized condition of stay (temporary residence), may request to the Institute to authorize their change of condition of stay, after fulfilling the requirements of the Regulation.

 

Article 63. The National Register of Foreigners, is comprised of the information on all foreigners who acquire the status of temporary resident or permanent resident.

Foreigners are obliged to inform the Institute of any change in marital status, change of nationality by a diverse at which he entered, home or workplace within ninety days after such change occurs.

 

Article 64. The Institute shall cancel the temporary or permanent resident condition, for the following reasons:

1. Demonstration of its exit of the country is final.
2. Authorization of another condition of stay to the foreigner.

III. Providing false information or display official documentation apocryphal or legitimate but that was obtained fraudulently to the Institute.

1. Foreigner losing its condition of stay by the other reasons set out in this Act.
2. Losing the recognition of refugee status or complementary protection, in accordance with legal provisions that are applicable, and
3. Be subject to criminal prosecution or conviction for serious crime under national law in criminal matters or the provisions of international treaties and conventions to which Mexico is a party state or by its antecedents in the country or abroad could compromise national security or public safety.

 

Article 65. Foreigners must prove their regular migration status in the country, in the legal acts which requires the intervention of public notaries, to replace them or in their stead, as regards property matters, and trade corridors.

In accordance with Article 27 of the Constitution, the Foreign Investment Law and other laws and regulations, foreigners must make appropriate waivers.

 

 

CHAPTER IX

OF THE ADMINISTRATIVE PROCEDURE IN REGULATING IMMIGRATION

 

Article 126. Applications for immigration procedure shall contain the information and requirements as required by the Act, the Regulations and other general administrative provisions.
Article 127. The visa application must be submitted by the foreigner itself at consular offices, except for cases of right to the preservation of family unit, job or humanitarian reasons, which may be processed in national territory, under the terms set out in Article 41 of this Law.

 

Article 128. The immigration authority shall issue a resolution on immigration procedures within a period not exceeding twenty working days from the date on which the applicant complies with all the formal requirements of this law, its regulations and other administrative provisions. After that time without the resolution is passed, it is deemed to be a negative resolution.

If the individual requires, the authority issued proof of this fact within two working days of submission.

 

Article 129. Visa applications submitted at consular offices must be resolved within ten working days.
Article 130. If the applicant does not meet the requirements for the immigration process requested, it will be prevented by the immigration authority as provided in the Federal Law of Administrative Procedure and a period of ten business days will be granted after the applicant is notified such prevention to remedy the requirements omitted. If the requirements are not remedied, the requested process will be discarded.
Article 131. The reports or opinions required for the resolution of any immigration procedure that apply to other authorities shall be issued within a period not exceeding ten calendar days. If the resolution is not received within that period of time, the Institute understood that there is no objection to the claims of the applicant.

 

Article 132. Foreigners are entitled to apply for a regularization of their immigration status when they meet any of the following cases:

1. Lacking necessary documentation to prove their regular migration status.
2. When their documentation that proves their immigration status is expired, or

III. They no longer fulfill the conditions under which they were granted a certain condition of stay.

 

Article 133. The Institute may regularize the immigration status of foreigners who are located in national territory and express their interest to reside temporarily or permanently in the country, as long as they comply with the requirements of this Act, its Regulations and other provisions applicable law. The regularization may be granted, giving the foreigner the corresponding condition of stay under this Act.

Besides the previous statement, foreigners are entitled to regularize their immigration status if they are located in national territory and are in any of the following cases:

1. Attest to be spouse, concubine of Mexican citizen or foreign person with a legal condition of stay.
2. Proving to be a father, mother or child, or have legal representation or custody of a Mexican or a foreign person with a legal condition of stay (temporary or permanent residence).

• The foreigner is identified by the Institute or competent authority, as a victim or witness to a serious crime committed in national territory.

1. In the case of people whose level of vulnerability makes it difficult or impossible to deport or of an assisted return, and
2. In the case of children and adolescents who are subject to removal proceedings and international return of children or adolescents.

 

Article 134. Foreigners can also apply for regularization of their immigration status, except as provided in Article 43 of this Law, when:

1. Having obtained authorization to enter the country on a regular basis, they have exceeded the period of stay initially granted, provided that they submit their application within sixty calendar days following the expiration of the authorized period of stay, or
2. Perform different activities that their condition of stay allowed them to.

For the above purpose, they must meet the requirements established by this Act, its Regulations and other applicable legal provisions.

 

Article 135. In order to be able to meet a regularization of immigration status, the alien must meet the following:

1. Submit to the Institute a written letter requesting regularization of their immigration status, specifying the irregularity in which he or she incurred.
2. Present official a document attesting their identity.

III. If the foreigner has links with a Mexican citizen or with a foreign person with legal residence in national territory, they must show documents proving so.

1. In the event that you have exceeded the period of stay initially granted, they must present the expired immigration documents.
2. Proof of payment of the fine determined by this Act, and
3. The under this Act and the Regulations for the condition of stay you want to purchase.

 

Article 136. The Institute may not detained to those foreigners who present their regularization process.

In the case that the foreigner is in a detention center and is located in cases under Articles 133 and 134 of this Act were extended within twenty-four hours, counted from the foreign certifying that complies with the requirements of this Act and its regulations, the exit document of the detention center so that they can visit the immigration offices in order to regularize their immigration status, except as provided in Article 113 in which you must respect the period reflection for victims or witnesses of crime.

The Institute will have a term of thirty natural days from the entry of the corresponding procedure, to decide on the application for regularization of immigration status.

 

Article 137. The Institute shall issue departure and return permits for a specified period of time for foreigners who have a pending resolution procedure in process.

The Institute shall issue an order to leave the country to foreigners, when:

1. The foreigner desists from his or hers immigration proceeding.
2. The immigration process is denied and,

III. So requests abroad.

In this cases, the foreigner must leave the country within the specified period by the Immigration National Institute and may return immediately after fulfilling the requirements of this Act.