Will a Felony Conviction Prevent Me from Entering Mexico?

Will a Felony Conviction Prevent Me from Entering Mexico? It depends. Although there isn’t a blanket ban on felons entering Mexico, immigration officials may deny entry for serious felonies if flagged at a point of entry.

Traveling overseas with a felony record can be challenging. Some countries, like Canada, have very clear guidelines about who can and cannot enter.

Unfortunately, Mexico does not provide clear-cut rules, and the official advice from US and Mexican authorities tends to be vague and unhelpful.

Will a Felony Conviction Prevent Me from Entering Mexico?

Will a Felony Conviction Prevent Me from Entering Mexico? The U.S. Department of State provides the following guidance on its travel to Mexico page:

“Mexican law permits immigration authorities to deny foreigners entry if they have been charged with or convicted of a serious crime in Mexico or elsewhere.”

Similarly, the Mexican Embassy in Canada informs travelers that entry may be refused 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.”

These statements indicate that Mexico may refuse entry to individuals with serious felony convictions.

Travelers with felony convictions report mixed experiences with Mexican immigration officials, adding to the uncertainty. Some felons have been sent back to the United States, while others have entered Mexico without issue.

It’s unclear how Mexican border officials learn about previous convictions, though some felons are flagged after a passport scan matches a record on Interpol’s database.

While Mexico doesn’t have direct access to the National Crime Information Center (NCIC) database, which provides immediate information on U.S. conviction records, they may check other databases.

The ease of entry may also depend on your method of travel, with more thorough checks for airline passengers compared to those crossing the land border.

Serious Crimes for Entry into Mexico

It’s not clear which felony convictions will result in being denied entry to Mexico, and the final decision to allow entry rests with the immigration officer you encounter.

Article 194 of the Federal Code on Criminal Proceedings defines serious crimes as those which have a significant, negative effect on the fundamental values of society.

These serious crimes include among others:

Murder
Manslaughter
Terrorism
Piracy
Genocide
Drug-related crimes
Corruption of minors
Trafficking of minors
Child pornography
Currency counterfeiting
Rape
Aggravated robbery
Highway robbery
Vehicle theft
Smuggling
Extortion
Tax fraud
Prison escape

If you’re applying for a Mexican Visa you must disclose all criminal convictions, but if you’re eligible for visa-free travel to Mexico, then you only need a Mexico Tourist Card. The tourist card application doesn’t ask about criminal convictions.

Understanding Mexican Visa Requirements for Applicants with a Past Conviction

A Mexican visa is required if your vacation or business trip will be longer than 180 days if you plan to work, if you intend to study in the country, or if you’re going to become a temporary or permanent resident.

To apply for a visa through your nearest Mexican Embassy or consulate you’ll need to:

Complete the visa application form
Attend an interview
Hold a passport with at least 6 months validity beyond the date you plan to exit Mexico
Provide proof of financial means
Pay the visa application fee

The visa application form asks if you have a criminal record in Mexico or any other country and requires details of the conviction. Immigration officials will carry out a background check to verify the information you’ve provided. The decision to approve or deny your visa application will be based on the nature of your felony.

Can felons travel to Mexico with a visa without any further restrictions? Having your visa application approved doesn’t guarantee that Mexican border officials will allow you into the country.

If you’re questioned on arrival and officials aren’t satisfied with your answers, you will be denied entry.

You could be asked how long you’re staying, how you’re going to cover expenses, where you’re staying, where you’re working or studying, and if you have a criminal record. Your documents will also be verified.

Understanding Tourist Card Requirements for Mexico with a Past Conviction

United States citizens can enjoy visa-free travel to Mexico for vacations and business trips under 180 days. So, can you visit Mexico with a felony if you’re only there as a tourist?

Visitors eligible for visa-free travel need a Mexico Tourist Card (FMM – Forma Migratoria Múltiple). The application for this card does not inquire about your criminal record.

If you’re driving or walking across the border, you can obtain the form at the immigration and customs office or fill it out online and print a copy.

You must have your form stamped by an immigration official at the border. Without this stamp, you are in the country illegally.

The FMM is being phased out for flights into Mexico and will eventually be discontinued for all visitors. Under the new process, an immigration official will stamp your passport and note the number of days you are allowed to stay in Mexico.

Consequences of Entry Denial in Mexico Due to a Criminal Record

If your felony results in being denied entry, the action Mexican immigration officials take depends on your method of travel.

If you arrive at a Mexican airport, officials will arrange for you to return on the next available flight.
If you arrive on a cruise excursion, you’ll be told to return to your ship.
If you’re crossing the land border between the U.S. and Mexico, you’ll be told to turn around and return to the U.S.
If there’s an active warrant for your arrest, Mexican authorities will detain you.

Your travel insurance policy is unlikely to reimburse the cost of your trip if you’re refused entry to Mexico, so before you spend thousands of dollars on a vacation, it’s a good idea to talk to an immigration lawyer.

Can A Felon Get A Passport To Mexico?

Most felons are eligible to apply for a United States passport once their sentence is complete or if they have permission from their parole or probation officer.

You cannot apply for a passport if:

You’re on probation or parole for drug trafficking while using a passport or crossing international borders
You’ve been convicted of sex trafficking
You’re court order, or the conditions of your parole or probation forbid you from leaving the country
You have an outstanding arrest warrant
You owe $2,500 or more in unpaid child support

A passport allows you to leave and reenter the United States. Being issued a passport does not guarantee entry to any other country.

Depending on the purpose of your trip, you’ll need a visa or a Mexico Tourist Card to enter Mexico.

Extradition Procedures Between the US and Mexico

If you’ve been charged with an offense and think moving to Mexico is a better option than serving a prison sentence, think again. Mexico signed an extradition treaty with the United States in 1978.

As a foreigner in Mexico, you can be asked to show your passport and visa or tourist card at any time. If your documents aren’t up to date, officials will detain you while they investigate your situation. When they discover your outstanding warrant they’ll arrest you.

Summary

Mexico has recently tightened immigration rules and it’s impossible to say if you can travel to Mexico with your felony and be given permission to enter.

Both the United States and Mexican governments advise that felons convicted of serious crimes may be refused entry. The ultimate decision rests with the immigration officer you encounter.

Immigration checks at the land border appear to be less strictly enforced than those at Mexican airports.

Will a Felony Conviction Prevent Me from Entering Mexico?

Serious Crimes for Entry into Mexico

Understanding Mexican Visa Requirements for Applicants with a Past Conviction

Understanding Tourist Card Requirements for Mexico with a Past Conviction

Consequences of Entry Denial in Mexico Due to a Criminal Record

Can A Felon Get A Passport To Mexico?

Most felons are eligible to apply for a United States passport once their sentence is complete or if they have permission from their parole or probation officer.

You cannot apply for a passport if:

You’re on probation or parole for drug trafficking while using a passport or crossing international borders
You’ve been convicted of sex trafficking
You’re court order, or the conditions of your parole or probation forbid you from leaving the country
You have an outstanding arrest warrant
You owe $2,500 or more in unpaid child support

A passport allows you to leave and reenter the United States. Being issued a passport does not guarantee entry to any other country.

Depending on the purpose of your trip, you’ll need a visa or a Mexico Tourist Card to enter Mexico.

Extradition Procedures Between the US and Mexico

If you’ve been charged with an offense and think moving to Mexico is a better option than serving a prison sentence, think again. Mexico signed an extradition treaty with the United States in 1978.

Summary

Mexico has recently tightened immigration rules and it’s impossible to say if you can travel to Mexico with your felony and be given permission to enter.

Both the United States and Mexican governments advise that felons convicted of serious crimes may be refused entry. The ultimate decision rests with the immigration officer you encounter.

Immigration checks at the land border appear to be less strictly enforced than those at Mexican airports.

Will a Felony Conviction Prevent Me from Entering Mexico?