May 27, 2011, 12:03 AM
New Immigration Law Published for Mexico Edit | Delete | Quote | Reply | Private Reply Published in the DOF: http://dof.gob.mx/nota_detalle.php?codigo=5190774&fecha=25/05/2011
Re: [Casa] New Immigration law now in effect for Mexico
| Private Reply
It will be interesting to see how the regulations and manuals implement the new Immigration Act. Just a few quick glances leave a lot of unanswered questions. The loop hole for the turnaround 180 day visitors may be closing soon. Article 53 prohibits change from a "visitor" to "temporary resident" which is available now, but states flatly "may not change status to stay and will leave the country at the end of the period of stay authorized." Could the renewal of the "temporary resident" go out the window and a choice be made to switch to "permanent resident" or leave the country after four years?
I believe the previous years of "No Inmigrante" would be combined with current time under "Inmigrante" as long as they were continuous to fulfill the residency requirements for "permanent resident" but what happens if that time is past the four year mark for a "temporary resident" and you don't choose to apply for "permanent resident"?
Another question to ask ourselves would be what happens to those vehicles brought into Mexico under "temporary imported vehicle" sticker? Article 106 IV does not apply to "permanent residents".
One needs to read the transitory for the law to see an abbreviated impact of the changes in relation to current status. This is a Google translation without embellishment, of transitory for the law.
FIRST. The Migration Act will enter into force the day after its publication in the official Federation newspaper, except the provisions that are subject to the vacancy in the second transitory article.
SECOND. Article 10; fractions I, II, III and VI of article 18; Article 21; Chapters I and II of the fourth title; the last paragraph of article 74; articles 101 and 102; Article 117; the last paragraph of article 112; articles 126 and 127, and articles 149, 157 and 158 of the Migration Act, shall enter into force until is existing regulation of the Act.
THIRD. Within a period of 180 days after the entry into force of this Act, the Federal Government must be issued the regulation of the Migration Act, insofar as possible, it will continue to apply in which does not object, the rules of procedure of the General Population Act.
FOURTH. Administrative provisions of a general nature in immigration matters issued prior to the entry into force of the Migration Act, will continue existing in all what not opposed you, even insofar as issued provisions to replace them pursuant to the same.
FIFTH. Expenditures which agencies and entities of the Federal public administration, as well as the Attorney-General's Office, be made to implement the actions set out in the Migration Act, hold his budgetary availability approved for that purpose by the Chamber of deputies in the Decree of budget expenses of the Federation.
SIXTH. For the purposes of the Migration Act, it should take into account the following:
I. the foreigners who have obtained the immigration status of non immigrant within the characteristics of tourist, transmigrante, visitor in all its forms except foreigners who have obtained the immigration status of non immigrant within the feature of Local visitor awarded to nationals of neighboring countries for their visit to populations in the border of the Mexican United States, Minister of worship, distinguished visitor, temporary visitor and correspondent, they deemed the visitor without permission to carry out remunerated activities;
II. the foreigners who have obtained the immigration status of non immigrant within the feature of Local visitors, awarded to nationals of neighboring countries for their visit to the border of the Mexican United States people, deemed the regional visitor;
III. the foreigners who have obtained the immigration status of non immigrant, inside the typical student, was deemed temporary resident students;
IV. the foreigners who have obtained the immigration status of non immigrant, inside the characteristics of isolated political and refugee, deemed the permanent resident;
V. Foreigners who have obtained the immigration status of immigrant within the characteristics of rentier, investor, professional, responsible for trust, scientist, technician, familiar, artist and sportsman or similar, is deemed the temporary resident, and I saw.
VI. Foreigners who have obtained the immigration status of immigrated, is deemed to permanent resident.
SEVENTH. References made in the Migration Act to the order of joining process, will be understood after the existing detention order, every time that this Decree does not comes into force the constitutional article 19 subject to vacancy provided for in the article second transitory of the decree whereby they reformed and added various provisions of the political Constitution of the United States Mexican, published in the Official Gazette of the Federation on June 18, 2008.
EIGHTH. The Ministry of the Interior shall publish in the Official Journal of the Federation, the rules concerning the system of points under the Migration Act, within a period of 180 days after its entry into force..
NINTH. Migration procedures that are in process or pending resolution to the date of entry into force of the Migration Act, should be completed in accordance with the provisions in force at the time they started.
TENTH. The criminal proceedings initiated before the entry into force of the Migration Act, for the scheduled offence in article 138 of the General Population Act, will continue to be processed until its conclusion in accordance with the provisions in force at the time of the Commission of the facts that gave origin. The same will be observed with regard to the implementation of the relevant penalties.