Hot on the
lips of every American politician clamoring to seal America's borders,
immigration summons images of Ellis Island, undocumented workers, the nanny
problem and political and economic refugees. Whether you're sojourning
in Mexico as a Mazatlan beachcomber, an aging boomer planning to hang out
for a few years, or a 65-year old retiree, you become an alien once you
traverse the U.S.'s southern border.
Foreigners
legally in Mexico fall into one of four categories: nonimmigrant (no-inmigrante),visitor
(visitante),
immigrant
(inmigrante),
or one who has immigrated
(inmigrado).
The most common
no-inmigrante
status, one which barely evokes thoughts of citizenship and immigration,
is the tourist (turista).
Anyone travelling
beyond Mexico's border towns (and indeed anyone spending more than three
days in one) must obtain a tourist visa or tourist card. This simple
free two-part carboned form, formally called an is valid for 180 days.
This is what most people receive at the airline counter and complete en
route. Available at nearly any travel agency and the Mexican Consulate,
as well as at the aduana, this document applies to land travellers.
All that's
needed to obtain the tourist card is proof of citizenship. While a valid
passport is the document of preference, a certified copy of a birth certified
accompanied by photo ID, naturalization certificate, or an affidavit of
citizenship accompanied by photo ID will suffice. The tourist card is simply
a permit to enter Mexico as a visitor. Employment is not permitted, and
amount of accompanying goods is limited, although it's not defined. While
the tourist is granted six months' stay in Mexico, customs officials consider
appropriate what one might need for a two-week stay. (And I still have
a hard time convincing them that four suitcases are the minimum requirement
for a 10-day visit.) Entry by land allows a mere $50 worth of
possessions, beyond their clothing, for those traveling in a motor home
or recreational vehicle. A more generous attitude applies to electrical
appliances and televisions.
The airborne
tourist has a $300 limit. Back in the old days (about a year ago),
Mexican customs officials paid little attention to these limits. Today,
they've become quite serious. Be prepared to show documentation of value
and to pay an import tax.. .even on goods you may be bringing in for your
own use during a vacation if you're traveling by car.
During last
May's deadly heat, I crossed at Laredo at 2 a.m., fully loaded, hauling
a flirnace in the back of my Suburban. Anticipating the tax, I had the
invoice in hand, figuring that would limit the agents' taxing enthusiasm.
I was wrong; they even taxed me on some old pottery flower pots (but
allowed me to determine values). In all, the tax amounted to less than
the bribe of the old days would've...but I gladly would've paid the extra
$20 to avoid the agonizing sweat, 2-hour delay and paperwork.
Even for a
simple car trip on a tourist visa, a manifest can avert problems.
If a minor
child is not escorted by both parents, a notarized consent from the absent
parent is required. A similar consent from both parents must accompany
the child travelling alone or escorted by a nonparent. A U.S. court order
authorizing the travel can substitute for an absent parent who refuses
to consent or who cannot be located. If paternity has not been established,
have the child's birth certificate available, showing that there is only
one parent. Where the child has a passport issued in the child's own name,
consents are not necessary.
IMPORTING
YOUR CAR
If you're driving,
you'll be able to temporarily import your car for the same 180-day period.
At the aduana, you'll need: 1) the original certificate of
title, 2) an affidavit from the lienholder authorizing the temporary
importation of the car, 3) a valid state registration, 4)
a valid driver's license issued outside of Mexico, and 5) Mastercard,
Visa or American Express, in the drivers name.
You will use
the credit card to pay the $11 fee. If you don't have a credit card, then
you'll be required to post a bond based upon the car's value. The car permit
is good for multiple crossings during its six-month life.
Once you've
been granted FM-3 status, which is valid for a year, your car's import
permit theoretically should be of like duration. The practice may vary
with each border official.
Some may
insist that your car's one-year period began on the date on which the FM-3
was issued; others will hold fast to the six-month rule.
If you end
up with a six-month permit expiring before your FM-3 does, your sole recourse
will be to make another run for the border when the permit's about to expire.
Conventional
wisdom might dictate that annual renewals of the FM-3 and FM-2 would likewise
apply to your automobile, but current theory seems to dictate that "as
long as you're legal, so too is your car." This may be well and fine so
long as your car remains far from the border. If you're close to the border,
my advice would be to grin and bear it, fill out more forms, pay the $12
fee, and obtain a new permit rather than impress the border officials with
arcane knowledge of the finer points of Mexican law.
IMMIGRATION'S
EASY IF YOU'RE A DOG
The full impact
of this notion didn't really hit me until a Pemex attendant, noticing my
Doberman luxuriating in the back seat of a filled-to4he-roof Suburban,
mentioned that it was easier for a dog to traverse borders than a human.
All that's needed to bring your dog or cat into Mexico is a U.S. Interstate
and International Certificate of Health granted within the past 72 hours,
stating that the animal has no communicable diseases. Too err on the safe
side, a current rabies certificate wouldn't hurt. No permit or visa is
needed. To bring a pet back into the United States, you'll need another
health certificate and a rabies certificate not more than thirty days old.
In 20 years of chauffeuring pets back and forth at least thrice annually,
I've never been asked for documentation on either side of the border. (I
still would urge you to arm yourself with paperwork).
AND TO THINK
OUR ANCESTORS HAD ONLY CARRY-ON
Once you've
obtained your FM-3, you're allowed a one-time opportunity to import a reasonable
amount of household goods into Mexico. While there's no definition of "reasonable
amount," be prepared for payment of taxes and some serious negotiation.
Long before your move, you'll need to submit a detailed inventory, in English
and Spanish, detailing all you intend to import, down to brand name and
serial numbers and about $75 to the Mexican Consulate for review, stamp
and approval. According to the Mexican Consulate, you can bring your personal
goods, including computers, televisions and electronic equipment into the
country duty-free. Used appliances seem to fare better than those still
showing the warranty card. The customs officials at the border, reading
from a different primer, will likely embrace a totally different interpretation
of what constitutes "household goods." Plan on a very long and expensive
day at the border arguing that your van of household goods has been approved
by the Mexican Consulate 10 enter without duty, or consider hiring El U.S.
bonded freight broker, whose fees ultimately may be less than the "transition
fee" (read tax) you may end up forking over as your Consulate-approved
manifest is challenged.
Jennifer
Rose is an attorney, writer and editor living in Morelia, Michoacan, who
toiled for two decades in a prior life as a lawyer in Shenandoah, Iowa.
She is editor-in-chief of GPSolo, formerly The Compleat Lawyer, a magazine
published by the American Bar Association. She wrote the lead article
of the March 1996 issue of The Mexico File on Morelia, as well as an article
for the May 1996 issue on buying property in Mexico. This article
is from the August - September 1996 The Mexico File newsletter.
