Chain Migration, What Is It And Is It Real?

What is chain migration?

Chain Migration refers to a concept, or theory, that if you allow one person to immigrate to a country or area, an endless chain of immigrants will follow.  People claim that family based immigration is the problem.  This is because family based immigration allows individuals to petition for or sponsor various relatives.  But is this reality?  In this blog, we will address this question in more detail.  

Is chain migration real?

In my professional opinion no, chain migration is not a reality.  I will try to outline the reason why I believe chain migration is not a reality..  Under our current immigration system the length of time required to immigrate a family member and the realities of life are deterrents against the concept of chain migration.  Wait a minute you might ask, why then are there areas in cities or communities that have large concentrations of immigrants from a particular area?  People think of terms like “Littly Italy” or “Chinatown.”  These are, or were heavily ethnic areas of a city, where immigrants from a common area settled and lived.  But these realities were not the result of chain migration, but historical patterns of immigration that led to a large number of people from a particular area immigrating to the United States.  In fact, many people in the 19th and early 20th century who immigrated to the U.S. would leave their families behind to immigrate to the United States.  Under U.S. immigration law today, such migration is less common, with one caveat, refugees.  There are still areas of the United States, where people from one country or ethnic group may settle, but this is the result of refugee resettlement.  Such resettlement is usually brought about by non governmental organizations, either religious or otherwise, who facilitate bringing refugees to the United States.  It is true that refugees can petition for their immediate family members, spouse and children under 21, but this alone does not create an endless chain of immigration.  The other reason there might be populations of immigrants from a particular country or region in a given area is unlawful or undocumented immigration.  For example, large numbers of people enter the US every year undocumented.  It is natural that they will settle in areas with people they know or who speak the same language.  They in turn marry, have children and set down roots.  But this is not chain migration.

Why family based immigration is not conducive to chain migration.

The main reason why family based immigration is not conducive to chain migration is the wait time.  Let’s look at an example.  Imagine Mary is a foreign national, let’s make her from the Philippines.  Now, imagine she marries a US citizen, John, when she is 20 years old.  If John petitions for her to come to the United States, it will likely take 2 ½ years.  Mary enters the US, with an immigrant visa, at 23 and becomes a lawful permanent resident.  After 3 years, and assuming she is still in a good faith marriage to John, she can file for U.S. citizenship.  That will take about another year.  Now Mary is a U.S. citizen at roughly 27.  This assumes everything with her immigration case was filed on time and processed smoothly.  As a citizen she is now able to file for her parents and brothers and sisters.  However, the current wait time for a visa, for a brother/sister of a U.S. citizen, is roughly 17 years.  For a citizen of the Philippines, the wait is 20 years.  So, maybe she will spend the $675 to file an I-130 petition for her brothers and sisters, but practically speaking will they wait the 20 years, or will their life move on?  Now, for her parents, she can file an immediate relative petition, and the parents can get a visa to immigrate, again in roughly 2 ½ years.  But assuming she is now 30 years old, and her parents are in their 50’s or 60’s, will they leave everything behind to come to the United States?  In my experience, parents want to visit, but rarely are in a position to move from their home country.  Let’s say they do though, and they decide as permanent residents to file a petition for their children who are over 21.  First, their children cannot be married, so if they marry the case will terminate.  Second, the current wait time is about 8 years, or 13 for a citizen of the Philippines.  Are those children going to put their life on hold waiting?  Again, unlikely.  If the parents wait 5 years, and become U.S. citizens, they can file a petition for their married children, but the wait time here is about 14 years, or 22 years for citizens of the Philippines, and again every petition filed costs $675.  The point is this, very few people practically speaking will wait the length of time required to immigrate through family based immigration.

Alternatives to family based immigration.

Are there families of immigrants in the United States?  Yes, there are, but again many came originally as refugees, or multiple family members have found other ways to immigrate.  These could include employment visas, business visas, student visas, etc.  Not all families in the United States came here via chain migration.

Do families even want chain migration?

In my experience no.  Many parents who get green cards through their children do not want to immigrate to the United States.  What they really want is to be able to spend time with their children, whether the children are in the United States or their home country.  People come to the United States for many reasons, but chain migration is not really behind most immigration.

Conclusion

In my opinion chain migration is not a reality given our current immigration system.  Yes, some families will wait it out and immigrate through a family member, but this is not the norm.  The reality behind families or groups of individuals immigrating to a particular area is not the result of chain migration.  Rather, it is typically the result of refugee resettlement or undocumented entry into the United States. Further, small changes in immigration law could help facilitate family reunification in a meaningful way. I will discuss some of these in a future blog, so please continue to read.

My name is Matthew Larsen.  I am a South Dakota based U.S. Immigration Attorney.  I have over a decade of full time family based immigration experience.  I represent clients across the country and around the world.