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Felony on Record = No entry to Mexico

Cincinnati, Ohio
21 posts
241 helpful votes
Felony on Record = No entry to Mexico

I just wanted to give everyone a heads up on something very stressful and scary, and also unfortunate that happened to us last week.

If you have ANY KIND of criminal record, you may not be allowed into Mexico, even with a valid passport.

DO NOT make the mistake of thinking that just because you were issued a valid US Passport that you are good to go.

We had planned a wonderful vacation at a couples all inclusive resort in Cancun. My boyfriend and I both had valid passports.

We flew to Mexico and were promptly snagged just minutes after going through customs. The authorities took my boyfriend into the immigration office and told him he would not be allowed to come into the country based on a felony charge on his record from when he was 16 years old. (He is 28 now.)

They asked me if I wanted to stay (as there was no problem with me) but of course I said I wasn't going to stay in Mexico alone.

They sent us both back on the plane that brought us. They were very nice but very matter of fact however nothing could be done to change their minds.

An officer told me that if he had gone to the Mexican consulate in the US before we traveled to ask them for permission, then MAYBE this would not have been a problem. I asked him if we could go directly to the US Embassy in Mexico to get everything straightened out and he said no.

He said that in December 2013, they passed some sort of law that prohibits people with certain things on their criminal records from entering the country, regardless of a valid passport.

I called our travel agent and she was unaware of this law and was surprised about the while situation. Now we have to go through the whole headache of trying to recoup what funds we can.

So unfortunately, our dream vacation was dashed.

Do not make this mistake!!!

Buffalo, NY
6,795 posts
66 helpful votes
81. Re: Felony on Record = No entry to Mexico

Well- I think that it is BS that there are no 'official rules' when it comes to this. In the USA- 1 in 5 people have a criminal record- that means misdemeanor or felony. I'd bet most of that 21% have misdemeanors. It seems terribly silly to hold someone still responsible for a crime they committed 20 years ago- especially if it's something as 'simple' as being caught driving with a few beers in you or being involved in a bar fight.

Edmonton
8,300 posts
21 helpful votes
82. Re: Felony on Record = No entry to Mexico

I agree with you Navilla. I think that it's important for people to know what can happen and for others to share. Like I said before, I had a client denied for a DUI 25 years ago (he was 75). I have never and will still travel, but always hold my breath. I am traveling on Thursday, so will report back. This is a criminal record though. I think misdemeanor, felony may be different in Canada, but a record is still a record.

Cortland, New York
4,844 posts
491 helpful votes
83. Re: Felony on Record = No entry to Mexico

Navilla, I appreciate you being brave enough to share very difficult, personal aspects of your situation. Although I am not affected by this new ruling, I believe that it is helpful to people who might have a problem entering Mexico.

You have approached this very horrible end to your vacation in a very adult way. Thanks for sharing, and good luck in future travels.

Cancun, Mexico
3,613 posts
84. Re: Felony on Record = No entry to Mexico

I have asked an acquaintance with contacts in local Mexican Immigration to comment/confirm the following.

<<Criminal record

Immigration authorities may decide to refuse the request to enter the country if the applicant is subject to criminal process or has been convicted of a serious crime as defined by national laws on criminal matters or provisions in international treaties or conventions that the Mexican State is party to, or if the applicant’s background in Mexico or abroad could compromise national or public security, in accordance with Article 43 of the Migration Law.

According to Article 194 of the Federal Code on Criminal Proceedings, serious crimes include all crimes that have a significant, negative effect on the fundamental values of society.

Serious crimes include, among others: manslaughter; terrorism and international terrorism; sabotage; piracy; genocide; prison break; attacks on public thoroughfares; drug-related crimes; corruption of minors; child pornography; exploitation of minors; falsifying and counterfeit of currency; rape; highway robbery; trafficking in minors; trafficking in undocumented persons; aggravated robbery; vehicular theft; extortion; crimes against the environment, committed with intent; forced disappearance of persons; bearing arms reserved for the exclusive use of the Army, Navy or Air Force; smuggling into the country firearms not reserved for the exclusive use of the Army, Navy or Air Force; smuggling and comparable crimes, and; tax fraud and comparable crimes.>>

http://embamex.sre.gob.mx/canada_eng/index.php/visas-and-services-for-foreigners

This is what I've been told in the past:

<<If there is a current Immigration Alert or an Interpol Alert, then INM will detain the person and deny them entry. But, generally speaking, people are not denied entry for past convictions. If someone has entered MX before without a problem, and there's no current Alert out for them, then there's no reason to expect any trouble the next time the person enters.

Basically if someone is wanted internationally, then they won't get in. If they aren't wanted, they'll get in. Past transgressions do not matter unless INM is already suspicious of the person.>>

<< INM's computer gets Mexican Immigration Alerts and Interpol Alerts automatically. But it doesn't show criminal history of the person, it doesn't.>>

Ontario
1,924 posts
5 helpful votes
85. Re: Felony on Record = No entry to Mexico

Navilla, I echo what LauraP has just said. Thanks for posting info that could be a very valuable help to those affected.

Positive thoughts sent your way. :O)

Fresno, California
3,464 posts
109 helpful votes
86. Re: Felony on Record = No entry to Mexico

I also wanted to thank you for sharing your story. Besides informing people of the possibility of not being allowed into the country based on prior convictions, I also appreciate your description of your treatment by the officials. I think that in itself will put some people at ease in regards to travel to Mexico. I know that Mexico hasn't always inspired confidence in its law enforcement agents. I still feel for you guys knowing what an amazing destination this is and wishing you could have experienced it. Thanks again for sharing your story.

87. Re: Felony on Record = No entry to Mexico

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Loudoun County...
612 posts
33 helpful votes
88. Re: Felony on Record = No entry to Mexico

<< especially if it's something as 'simple' as being caught driving with a few beers in you >>

To a person who has lost a loved one because the driver had a "few beers" in them, the crime is not a simple one.

Indianapolis...
81 posts
21 helpful votes
89. Re: Felony on Record = No entry to Mexico

"It seems terribly silly to hold someone still responsible for a crime they committed 20 years ago- especially if it's something as 'simple' as being caught driving with a few beers in you or being involved in a bar fight."

The above generally represents misdemeanors, not felonies.

York, Pennsylvania
126 posts
2 helpful votes
90. Re: Felony on Record = No entry to Mexico

How I understand this is that the Mexican Government or any government that is determining who to let across its borders is making an assessment of what risk they think each person poses. They have some measures, criteria, or algorithm for this. It is their right to protect their safety and it doesn't have to make any sense or seem logical to anyone else.

I don't believe the Mexican government is in the business of "punishing" people for 20 year old crimes or "holding people accountable" for old behavior. They are just doing their risk assessment. They are choosing to err on the side of caution. From the government's perspective, it's nothing personal.

The outcome feels terrible and super punitive if it happens to you or someone you care about when you had a great vacation planned. It sure sounds like it feels inconsistent and arbitrary. I have a lot of sympathy for the OP and appreciate that she shared this information.

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