What Is "Chain Migration?"
There is plenty of misinformation out there regarding immigration in general and chain migration specifically, which is a term often used to imply that immigrants in the country are bringing huge numbers of distant relatives into the country. There are two categories of family visas – Immediate relative visas and family preference visas.
Spouses, parents, or unmarried children under the age of 21 of a U.S. citizen qualify under the immediate relative category. A family preference visa is for a non-immediate relative of a U.S. citizen, including adult sons, daughters, and siblings.
As you can see, the number of family members who can obtain a family-based visa under the Family Reunification policy is very limited. As of 2024, the number of family preference visas issued annually was capped at fewer than 250,000. With the new administration, it is unknown whether family preference visas and immediate relative visas will continue.
Because there is such a backlog in these types of visas, the wait can be anywhere from four to 26 years before a family visa is available. If you have pending family preference or immediate relatives' visas or want to apply for one or the other, it is important that you speak to a knowledgeable Herndon, VA immigration attorney.
What Chain Migration Is Not
Family relationships outside of those detailed above are not allowed to receive Family Reunification visas. This means that neither U.S. citizens nor permanent residents can bring grandparents, grandchildren, aunts, uncles, nephews, nieces, cousins, or other family members into the country on a family visa.
However, immigrants who come to the U.S. under an immediate relative or family preference visa can then file immigrant petitions for their own relatives. Most immigrants may not apply to become U.S. citizens until they have resided in the U.S. for a minimum of five years. With the backlog and wait times for immediate relative and family preference visas, it is easy to see how long it could take to bring an entire family into the United States.
Key Facts About Chain Migration
Over the past 35 years, chain migration has exceeded new immigration, with about 61 percent of the immigrants admitted to the U.S. between 1981 and 2016 admitted under family preference or immediate relative visas. Each new immigrant sponsored an average of 3.45 additional immigrants, with the largest number of chain migration family members coming from Mexico. Chain migration contributes to the "aging" of the immigration stream. Early in the 1980s, only about 17 percent of family immigrants were over the age of 50. Recently, this has changed, with about 21 percent of all family immigrants aged 50 or older.
What Are the Requirements for Family-Based Immigration Visas?
For a U.S. citizen sponsor to bring a family member into the United States requires filling out an array of government forms, numerous background checks and screenings, fees, medical exams, and an interview. The sponsoring relative must be at least 18 and, in some cases, 21. This relative must file a petition for the family member with USCIS, proving the legitimacy of the relationship. There are also income requirements that must be met, and the sponsoring U.S. citizen must sign an affidavit that says he or she will be financially responsible for the applicant.
The background check is extensive, including health screenings, national security screenings, and a criminal history. During the medical examination, certain vaccinations may be required. Since it can take years or decades to bring family members to the U.S., it is essential that a knowledgeable immigration attorney is involved in the process.
Contact a Fairfax County, VA Immigration Attorney
If you or a family member have any immigration questions or concerns, it can be extremely helpful to speak to an experienced National immigration attorney from Immigration Legal Advisors, PLLC. Our law firm is a supportive, full-service firm with an attorney who speaks English and Spanish and has more than 20 years of immigration experience. Call 571-441-2233 to schedule your initial attorney meeting.