Margarita Ortiz

Decree by which Article 36 of the Immigration Act is Reformedand Supplemented

Article 36 of the Immigration Act outlines the procedure for Mexican nationals by birth or naturalized entering the Mexican territory. It also enumerates the documents that can be utilized to verify Mexican nationality, including, but not limited to a passport, certified copy of the birth certificate, naturalization certificate or voting card with photography.

In the absence of evidentiary nationality documents, Mexican nationality can be verified by any other objective and convincing evidence.

In March 2024, the Federal Official Gazette was published with a Decree that reformed and supplemented the foregoing article to include a provision that enables the National Immigration Institute to investigate cases where there are sufficient elements to suspect the authenticity of the documents or the veracity of the elements provided. Based on the findings from the investigation, a decision concerning the entry or rejection of the person concerned shall be made. The respective investigation must not exceed four hours but may be extended upon the express request of the concerned individual to provide additional objective evidence. Furthermore, the review and research process cannot exceed 24 hours.

New Features, Specifications, and Formats of Mexican Visas

On March 15th, 2023, the Mexican Government published an Accord in the Federal Official Gazette outlining the features and specifications of Mexican Visas issued by Mexican Consular Offices abroad (the “Accord”).

The Mexican Ministry of Foreign Affairs (the “Ministry”) has the authority to issue visas to foreign individuals in two formats: a) with a holographic security layer and b) electronic. The electronic visa will be issued in PDF format.

The personal data sheet of both types of visas includes information such as:

  • Individual’s full name.
  • Date of birth.
  • Nationality.
  • Passport.
  • Travel document number.
  • Photograph.
  • Reason for travel.
  • Visa number.
  • Type/category/class.
  • Date and place of issuance.
  • Validity.
  • Permitted number of entries.
  • Expiration date.

The Accord became effective upon its publication in the Federal Official Gazette thereby abrogating the prior 2010 accord regarding electronic reading visas. All visas issued before the Accord implementation will remain valid until expiration.

Furthermore, following the aformentioned Accord, on March 22nd, 2023, the Mexican Government published a new one outlining the latest visa formats. Since the electronic visa process will not occur at consulates but via the Ministry’s official website, the previous Accord needed to be modified accordingly.

Visitors without permission to work will be able to conveniently complete their electronic visa applications on the Ministry’s website. The latter must be issued within 90 calendar days following the Accord entry into force.

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Margarita is an Associate at Ibarra del Paso Gallego, specializing in Immigration Law. Profile Margarita…

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