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Humanitarian

Immigration Law

Article 37. To enter the Mexico, foreigners must:

I. Present at the immigration filter, the following documents:

a) Passport or identity travel document, valid in accordance to the existing international law, and
b) When required, present a visa validly issued and in force, in terms of article 40 of this law; or
c) Residence card or permit of stay in the condition of regional visitor, border worker or humanitarian grounds visitor.

II. Provide information and personal data requested by the competent authorities within the scope of its powers.

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

  1. Visitor visa without permission to engage in remunerated activity, this visa authorizes the foreigner to present itself in any place intended for international movement of people and apply for their entry into national territory, this to remain for an uninterrupted period of time, no longer than 180 days, from their first day.
  2. Visitor visa with permission to engage remunerated activity, authorizes the foreigner to present itself in any place intended for international movement of people and apply for their entry into national territory, this to remain for an uninterrupted period of time, no longer than 180 days starting from the date of entry and take into place remunerated activities.

III. Visitor visa for an adoption process, which authorizes foreigners linked to a process of adoption in Mexico, to present itself anywhere intended for international movement of people and request its entry into national territory, in order to remain in Mexico, while the official document of execution is issued. In addition, the period time needed to properly register the new child of adolescent and ask for their passport and official documents. The issue of the authorization, will only proceed with citizens of the countries that have signed an agreement on the matter with Mexico.

  1. Temporary resident visa, which authorizes foreigners to present themselves anywhere intended for the 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 the international movement of people and request their entry into national territory, in order to remain for the duration of the courses, studies, or research projects in schools and universities that are in the National Education System in Mexico.
  3. Permanent residency visa, which authorizes foreigners to present themselves anywhere intended for the international transit 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 a salary, unless it is explicitly mentioned in that document (visa).

Article 41. Foreigners will request their visa at the Consulate 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 Consulate may request the Institute to reconsider the authorization if at their judgement the applicant does not meet the requirements of this law, the regulations and other applicable legal provisions.

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 law, 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. They can stay for a hundred and eighty days, which starts to count from their first day of entry and they are not allowed to work with a salary.
  2. VISITOR WITH PERMISSION TO PERFORM REMUNERATED ACTIVITIES. Authorizes foreigners to remain in national territory for one hundred and eighty days without interruptions and starting from their first day of entry. In this case, foreigners have a job offer from any authority in the country, academic institutions (artistic, sporting o cultural) and they receive a salary. In some cases, foreigners are engaged in a seasonal remunerated activity under interagency agreements with foreign entities.

III. REGIONAL VISITOR. Authorizes foreigners or residents of our neighbor countries to enter the border regions with the right to enter and leave as many times as they wish. They can’t stay for more than 3 days and have no right to work for a salary.

  1. BORDER VISITOR WORKER. Authorizes foreigners from the countries that share boundaries with Mexico, to stay up to one year in the stated indicated by the Ministry and are allowed to have a working permit with the right of a salary. In addition, they are entitled to enter and leave the country as often as desired.
  2. HUMANITARIAN REASONS FOR VISITOR. This condition shall be allowed to foreigners who are in any of the following cases:
  3. a) Being offended or victim/witness of a crime committed in national territory.

If foreigners are the offended, victim or witness of the crime, they are provided with the tittle of: Visitor by humanitarian reasons and they are allowed to stay in the country until the legal process has been concluded.

Once it is over, they can apply for a new condition of stay, so they have the right to enter and exit the country as many times as he or she wishes and ask for a work permit to receive a salary. 

  1. b) Being a child or teenager unaccompanied, in terms of 74th article of this law.
  2. c) The foreigner is applying for political asylum, recognition of refugee status or supplementary protection from Mexico, while their immigration status is resolved. If the request is positive they will be granted the status of permanent resident stay in terms of the 54th article of this law.

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

  1. VISITOR WITH ADOPTION PURPOSES. Authorizes foreigners linked to an adoption process in Mexico, to remain in the country until the final decision of the case is made. In addition, the time needed to register the new birth certificate of the child or adolescent that is adopted and their respective passport and extra paperwork that is needed. This authorization only applies to citizens of the countries that have signed an agreement on this matter, with Mexico.

VIII. TEMPORARY RESIDENT. Authorizes the foreigner to stay in the country for four years or less, with the possibility of obtaining a work permit with a salary in the country, foreigners are subject to a job offer with the right to enter and leave the country as often as desired and they are entitled to preserve their family unit. The foreigners may enter the country with their families or request the entry of the persons listed in this article, who are able to stay in national territory for the period of time, the temporary resident is staying in Mexico:

  • Children of the foreigner, if the spouse or concubine has children they are allow entry as well. However, they have to prove they are not married or prove they are under the temporary resident custody.
  • Concubine or the equivalent figure, proving their legal situation according to the Mexican Legislation.
  • The foreigner parents.

The people mentioned above, are allowed to stay legally stay in Mexico with the possibility of getting a work permit with a salary in national territory. In addition, they are allowed to enter and leave the country as many times as they wish.

If a temporary resident has a job offer, he or she will be granted permission to work, in activities related to the initial job offer.

  1. TEMPORARY RESIDENT STUDENT. Authorizes abroad students to stay in the country for the period of time their courses, studies, and research or training projects take. Abroad students have to prove their education is performed under educational institutions that belong to the National Education System in Mexico. Once they obtain their certificate, diploma, title or related academic degree, the document serves as permission to enter and leave the country as often as they want. In addition, they are allowed to have paid jobs related to their higher studies, postgraduate or research activities.

Abroad students need to present a letter of acceptance from their university, institution, etc., in order to get their temporary residence, authorize. This letter has to be renewed each year and confirm that status of the student and the initial conditions of their stay in Mexico. Exchange students are allowed to have a paid job during they stay, however, they will need a letter from their school where they approve the job and their job offer has to be related to their major.

Temporary students have the right to preserve their family unity, if they like they can enter with their family and even ask for a temporary residence for their family members.

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