UPDATE/MEXICAN IMMIGRATION LAW

Dear Clients and Friends:

 Please be advised that a new Mexican Immigration Law is currently in effect. We hereby inform you of some of the important highlights of the Law.

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  • In no event will an irregular immigration situation be considered a crime nor will it prejudge the commission of crimes.

 

  • The Immigration Law replaces more than 30 immigration categories that were considered by the General Law of Population with three:

 

–       “Visitor”: Immigration category granted to foreigners whose stays are for short periods of time in Mexico (stays not greater than 180 days). This category is available for tourism or business visitors;

 –        “Temporary Resident”: Immigration category granted to foreigners that desire to remain in Mexico for stays greater than 6 months but not greater than 4 years. This category is also granted for students that may remain in Mexico for their duration of their studies; and

 –       “Permanent Resident”: Immigration category granted to foreigners that desire to remain in Mexico indefinitely. This category may also be available for those foreigners that request political asylum, recognition of the condition of refugee, complimentary protection and for family reunification.

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  • Establishes the rights and obligations of  immigrants.
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  • The Mexican National Institute of Immigration will carry out immigration verifications, in order to verify that the foreigners in Mexico comply with the obligations established in the Mexican Immigration and its Regulations.             

 For further reference, herein below are the current visas that apply to foreigners that need to carry out business/work related activities in Mexico on a temporary basis.

  

a)        FMM.- If the foreigner’s stay in Mexico will be less than 180 days and it is for business related matters. To process for an FMM permit the foreigner’s passport/US resident card and an invitation letter from a Mexican company inviting the foreigner to Mexico is needed (The invitation letter must include the full name of the foreigner, his/her position, the name of the company the foreigner represents and specify the reason of the visit “i.e business exploration”).  

 

b)        Temporary Resident Visa (replaces the Non-Immigrant Visitor’s Card) .- If the foreigner’s stay in Mexico will be for period longer than 180 days and/or will carry out a managerial/administration or technical position for a Mexican company then the foreigner must apply for Temporary Resident Visa.

 Herein below please find the minimum steps to request a Temporary Resident Visa

 Temporary Resident Visa:

  

1)    Register the Mexican company before the Mexican National Institute of Immigration-Registration of the Employer. This is done through the webpage of the Mexican National Institute of Immigration. This document should be printed and taken to the local Immigration Department for its validation;

  

2)    The Foreigner must request a visa due to an offer of employment in Mexico. This is done through the webpage of the Mexican National Institute of Immigration. This document should be printed and taken to the local Immigration Department for its validation.

  

3)    Once the local Immigration department has validated abovementioned documentation it will authorize the foreigner to appear before the nearest Mexican consulate in order to schedule an interview.

  

4)    Once the interview has successfully concluded the Consulate Authority will issue a Temporary Resident Visa.

 

5)     Thereafter, the foreigner must appear before the local immigration department and submit the visa in order to be exchanged for a Temporary Resident Card due to an offer of employment in Mexico. The Temporary Resident Card is valid for a term of One (1) Year, with the possibility of extensions. 

  

Sincerely,

 

Ernesto Velarde Danache, Inc.

  

Ernesto Velarde Danache, Inc.

 Mexican & International Lawyers

 1650 Paredes Line Road, Suite 101

 Brownsville, Texas 78521

 Tel:  (956) 548-9098

 

 

Fax: (956) 548-1656

 

 

www.velardedanache.com

 

 

cporrasg@velardedanache.com