Article 52 of the Mexican Immigration Law
Foreigners may remain in the national territory under the conditions of stay of visitor, temporary resident and permanent resident, provided that they comply with the requirements established in this Law, its Regulations and other applicable legal provisions, in accordance with the following:
- VISITOR WITHOUT PERMISSION TO PERFORM REMUNERATED ACTIVITIES. Authorizes the foreigner to transit or remain in national territory for an uninterrupted period of no more than one hundred and eighty days, counted from the date of entry, without permission to perform activities subject to remuneration in the country.
- VISITOR WITH PERMISSION TO ENGAGE IN REMUNERATED ACTIVITIES. Authorizes the foreigner who has a job offer, an invitation from an authority or academic, artistic, sports or cultural institution for which he/she receives remuneration in the country, or comes to perform a remunerated activity for a seasonal period by virtue of inter-institutional agreements entered into with foreign entities, to remain in national territory for an uninterrupted period of no more than one hundred and eighty days, counted from the date of entry.
- REGIONAL VISITOR. Authorizes foreign nationals or residents of neighboring countries to enter the border regions with the right to enter and leave the same as many times as they wish, without their stay exceeding seven days and without permission to receive remuneration in the country.
Amended paragraph DOF 19-05-2017
By means of administrative provisions, the Secretariat will establish the validity of the authorizations and the municipalities and states that make up the border regions, for purposes of granting the status of regional visitor stay.
- BORDER WORKER VISITOR. Authorizes the foreigner who is a national of the countries with which the United Mexican States share territorial limits, to remain for up to one year in the states determined by the Secretariat. The border worker visitor will have permission to work in exchange for remuneration in the country, in the activity related to the job offer he/she has and with the right to enter and leave the national territory as many times as he/she wishes.
- VISITOR FOR HUMANITARIAN REASONS. This condition of stay will be authorized to foreigners who are in any of the following situations:
- To be an offended party, victim or witness of a crime committed in national territory.
For the purposes of this Law, without prejudice to the provisions of other applicable legal provisions, the person who is the passive subject of the criminal conduct shall be considered the offended party or victim, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted, and regardless of the family relationship between the perpetrator and the victim.
The offended party, victim or witness of a crime who is authorized the status of Visitor for Humanitarian Reasons, will be authorized to remain in the country until the conclusion of the process, at the end of which they must leave the country or request a new status of stay, with the right to enter and leave the country as many times as they wish and with permission to work in exchange for remuneration in the country. Subsequently, they may apply for permanent resident status; - Be a migrant child or adolescent, in terms of Article 74 of this Law.
The authorization of the status of stay for humanitarian reasons must be immediate and may not be denied or conditioned upon the presentation of any documentation or the payment of fees.
This condition of stay will be granted as a temporary measure while the Procuradurรญa de Protecciรณn determines the plan for the restitution of rights under the terms established in the General Law on the Rights of Children and Adolescents.
The issuance of the migratory document with such authorization must contain the CURP assigned by the competent authority and expressly state the humanitarian reason in question.
In the case of accompanied and separated children and adolescents, the authorization of this condition of stay will benefit jointly and severally the adult person in charge of their care.
The Institute may deny the granting of authorization to those adults whom the Procuradurรญa de Protecciรณn has determined to be contrary to the best interests of the child or adolescent in question.
Subsection amended DOF 11-11-2020
- Be an applicant for political asylum, recognition of refugee status or complementary protection from the Mexican State, until such time as their immigration status is resolved. If the request is positive, they will be granted the status of permanent resident, in terms of article 54 of this Law.
The Secretariat may also authorize the status of visitor for humanitarian reasons to foreigners who are not included in the above cases, when there is a humanitarian cause or of public interest that makes necessary their internment or regularization in the country, in which case they will have permission to work in exchange for remuneration.
- To be an offended party, victim or witness of a crime committed in national territory.
- VISITOR FOR ADOPTION PURPOSES. It authorizes the foreigner linked to an adoption process in the United Mexican States, to remain in the country until the enforceable resolution is dictated and in its case, the new record of the adopted child or adolescent is registered in the civil registry, as well as the respective passport is issued and all the necessary procedures to guarantee the exit of the child or adolescent from the country. The issuance of this authorization will only proceed with respect to citizens of countries with which the United Mexican States has signed an agreement on the matter.
- TEMPORARY RESIDENT. Authorizes the foreigner to remain in the country for a period not exceeding four years, with the possibility of obtaining a permit to work in exchange for remuneration in the country, subject to an offer of employment with the right to enter and leave the national territory as many times as desired and with the right to the preservation of the family unit for which he/she may enter with or subsequently request the internment of the persons indicated below, who may reside regularly in the national territory for the duration of the temporary resident’s permit:
- Children of the temporary resident and children of the spouse, common-law spouse or common-law spouse, as long as they are children and adolescents and have not been married, or are under their guardianship or custody;
- Spouse;
- Concubine, concubine or equivalent figure, proving such legal situation in accordance with the assumptions set forth in Mexican law, and
- Father or mother of the temporary resident.
The persons referred to in the preceding paragraphs shall be authorized to reside regularly in the national territory under the condition of temporary resident status, with the possibility of obtaining a permit to work for remuneration in the country subject to an offer of employment, and with the right to enter and leave the national territory as often as they wish.
In the event that the temporary resident has an offer of employment, he/she will be granted permission to work for remuneration in the country, in the activity related to such offer of employment.
Foreigners who are granted the status of temporary residents may introduce their personal property in the manner and under the terms determined by the applicable legislation.
- TEMPORARY RESIDENT STUDENT. Authorizes the foreigner to remain in the national territory for the duration of the courses, studies, research or training projects that he/she accredits that he/she is going to carry out in educational institutions belonging to the national educational system, until obtaining the corresponding certificate, certificate, diploma, title or academic degree, with the right to enter and leave the national territory as many times as he/she wishes, with permission to carry out remunerated activities in the case of higher level studies, postgraduate studies and research.
The authorization for the stay of students is subject to the presentation by the foreigner of the letter of invitation or acceptance from the corresponding educational institution and must be renewed annually, for which the foreigner must prove that the conditions required for the issuance of the initial authorization still exist. The authorization to perform remunerated activities will be granted by the Institute when there is a letter of conformity from the corresponding educational institution and will be subject to a job offer in activities related to the subject of his/her studies. The temporary resident student will have the right to enter and leave the national territory as many times as he/she wishes and will also have the right to the preservation of the family unit, for which reason he/she may enter with or subsequently request the entry of the persons indicated in the previous section. - PERMANENT RESIDENT. Authorizes the foreigner to remain in the national territory indefinitely, with permission to work in exchange for remuneration in the country.