The Immigration Rights in Mexico are contemplated in the Immigration Law of the United States of Mexico and serve as a basis for both individuals and public institutions involved in the immigration process.
If you are thinking of migrating to Mexico, leaving Mexico, working in a consulate, government secretariat, want to learn about the immigration policy of this country quickly or require advice regarding the entry and exit of Mexicans and foreigners of the territory, then this article will be useful.
What are Immigration Procedures?
Before talking about immigration rights, it is important to point out that in Mexico immigration procedures are the requests made by foreigners and nationals before the country’s immigration authority (Immigration offices) to legally enter and leave Mexico for work, tourism or residence purposes.
Migratory rights in Mexico include times, conditions, decisions, permits, visas, actions, stays and migratory policies for nationals and foreigners.
Immigration Rights in Mexico
Immigration lawyers rely on articles 8, 11, 12 and 13 of the Immigration Law to talk about Immigration Rights in Mexico, since the body of these articles encompasses different aspects to consider for the person who migrates to our country.
These rights can be classified in six areas.
- Education
- Health
- Justice
- Business
- Family
- Protection
When we talk about the first area, education, the State of Mexico grants benefits in terms of educational services for the people who emigrate and their children, and they can decide whether to study in the public or private sector.
The health sector allows immigrants to enjoy medical attention, and they can also decide the type of attention they need (public or private), even if the purchasing power of the immigrant is only enough to receive public hospital attention, it should be provided free of charge, just as it is for Mexican citizens.
As for the justice system, immigrants should be subject to the laws of Mexican justice and have the right to be prosecuted like any other citizen in the country.
Another positive point for those who migrate to Mexico with the intention of investing and working in this territory, is that the Mexican State will recognize the legal personality, in the case of those migrants who register companies in the national territory.
Both the migrant and his/her family members have the right to be informed about their rights and obligations in the legislative framework, their admission, stay and departure from the country, including the possibility of protecting them under the condition of refugees, political asylum or others that determine the condition of statelessness.
Types of visas for immigrants
Article 16 of the Immigration Law is very punctual in indicating to the immigrant in Mexico that he/she must keep the documentation that classifies or accredits him/her with a regular migratory situation, as well as they are obliged to present them when the corresponding authorities require it, providing personal information regarding his/her identity and situation within the country.
We also consider important that the person who wants to immigrate to Mexico can differentiate and make the pertinent procedures to request their visas according to the condition in which they want to be received within the Mexican territory.
Therefore, pay attention to the different options offered by the Law in its Article 40:
- Visitor’s visa or commonly called tourist visa, this visa does not allow the performance of remunerated activities and the time of stay in the country must not exceed one hundred and eighty days, that is, 6 months.
- Visitor’s visa with permission to carry out remunerated activities, which is self-explanatory and the length of stay is the same as the previous visa.
- Visitor’s visa to carry out adoption procedures, with a stay during the time that this process lasts.
- Temporary resident visa, with a stay of no more than four years.
- Temporary resident student visa, with a varied length of stay, since it will depend on the duration of the courses, research projects, studies, or others that represent professional training with the possibility of working in accordance with the provisions of article 52 of the Immigration Law.
- Permanent residence visa, with indefinite stay in Mexican territory. This visa is mandatory when the person’s stay in Mexican territory is longer than 180 days and less than 4 years.
Mexican Immigration Policy
Mexico’s immigration policy is a system of conditions by which the country’s authorities are governed and oriented in order to manage the migration issue in the country as objectively as possible, taking care of the rights of both the migrants and the State.
Article 2 of the Migration Law is very clear in establishing principles that support Mexico’s migration policy, among these principles are:
- Respect for human rights, (with emphasis on infants, indigenous people, adolescents and senior citizens),
- Congruence or Coherence, based on the popular saying “do not do what you would not like to be done to you”.
- Comprehensiveness, which could be explained by the response and attention to different cases.
- Shared responsibility between countries.
- Hospitality and solidarity.
- International mobility, especially in the return of migrants.
- Complementarity, applied to the labor area, especially when there is a need for professionals.
- Equity between those born in Mexico and those not born in Mexico.
- Recognition of: rights, family, labor or business ties.
- Preservation of the family unit (whether the stay is temporary or permanent).
- Integration (for multiculturalism, customs and cultures).
- Return and reinsertion of Mexican emigrants.
If you wish to apply for any of these visas, you must go to the consular offices according to your case, as established in Article 41 of the Immigration Law.
Nowadays migration is a phenomenon that is increasing and the migratory procedures are changing more frequently than in the past, that is why we advise that if you wish to carry out a migration procedure without major complications, you should first consult with a lawyer specialized in migration who will guide you according to the personal conditions of your case so that you can carry out your procedures with greater security.
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At Cabo Lawyers we seek to satisfy the different legal needs of our clients, both in their business and personal matters. Contact us at: (+52)8119384461, where we will gladly advise you.
