Fact Sheet: Status of Citizens of the Freely Associated States of the Federated States of Micronesia and the Republic of the Marshall Islands

Status of Citizens of the Freely

Associated States of the Federated

States of Micronesia and the

Republic of the Marshall Islands

FACT SHEET

Background

The Compact of Free Association (COFA) Act of 1985 (Public Law 99-239) approved a joint

resolution between the United States, the Republic of the Marshall Islands (RMI), and the

Federated States of Micronesia (FSM), which terminated U.S. trusteeship over the former Trust

Territory of the Pacific Islands (TTPI). The resolution also established the FSM and the RMI as

independent nations and established a special relationship between the United States and these

nations. The COFA between the United States and the RMI took effect on Oct. 21, 1986, and the

COFA between the United States and the FSM took effect on Nov. 3, 1986.

The COFA Amendments Act of 2003 (Public Law 108-188) amended the Compacts in a number

of significant ways, including changing the immigration provisions. The Compacts, as amended,

became effective for the RMI on May 1, 2004, and for the FSM on June 30, 2004.

Note: The United States also established a Compact of Free Association with the Republic of

Palau effective on October 1, 1994. As the Compact with Palau has not been amended, this Fact

Sheet applies only to the RMI and the FSM, and should not be used for any informational purpose

regarding citizens of Palau. For information on Palau, see the U.S. Citizenship and Immigration

Services (USCIS) Fact Sheet entitled “Status of Citizens of the Republic of Palau”.

Citizenship Status

Citizens of the RMI or FSM are not citizens or nationals of the United States.

Travel of Citizens of FSM OR RMI to the United States

Citizens of the FSM and RMI by birth and those citizens of the former TTPI who acquired

FSM or RMI citizenship in 1986 are entitled under the Compacts to travel and apply for

admission to the United States as nonimmigrants without visas.

However, admission is not guaranteed. Most grounds of inadmissibility under U.S.

immigration laws, such as criminal convictions, are applicable.

If determined admissible under the Compacts, an FSM or RMI citizen may live, study, and

work in the United States. The United States has the right to set terms and conditions on the

nonimmigrant stay of FSM and RMI citizens. Currently, they are granted an unlimited length

of stay.

Types of Citizens Who May Exercise Compact Privileges

In addition to citizens born in the FSM or RMI (birth citizen) and former TTPI citizens, the

following citizens of the FSM or RMI may exercise privileges under the Compacts:

Status of Citizens of the Freely Associated States of the Federated States of Micronesia and the Republic of the Marshall Islands

If determined admissible under the Compacts, an FSM or RMI citizen may live, study, and

work in the United States. The United States has the right to set terms and conditions on the

nonimmigrant stay of FSM and RMI citizens. Currently, they are granted an unlimited length

of stay.

Types of Citizens Who May Exercise Compact Privileges

In addition to citizens born in the FSM or RMI (birth citizen) and former TTPI citizens, the

following citizens of the FSM or RMI may exercise privileges under the Compacts:

•

An immediate relative (spouse or unmarried son or daughter under 21 years of age) of a birth

citizen or former TTPI citizen provided that the immediate relative:

Is a naturalized FSM or RMI citizen,

Has been an actual resident of the FSM or RMI (as applicable) for at least five years after

naturalization and has a certificate of actual residence, and

In the case of a spouse, has been married to the birth citizen or former TTPI citizen for at

least five years and did not enter into the marriage primarily to obtain immigration benefits

under the Compacts;

•

A naturalized citizen of the FSM or RMI whose name is included on a list provided by the FSM or

RMI governments that names people who have been residents for five years as of April 30, 2003,

and who continues to be an actual resident with a certificate of actual residence.

Any person who obtained an FSM or RMI passport under any investment, passport sale, or

similar program is not entitled to any immigration privileges under the Compacts.

For employment eligibility and other purposes, once admitted into the United States, it does not

matter whether the person is a birth citizen, a former TTPI citizen, or has another basis of

eligibility under the Compacts.

Special Provision for Certain Family Members of RMI or FSM Citizens Serving in the Armed

Forces or Active Reserves

An immediate relative (spouse or unmarried son or daughter under 21 years of age) of one of the

types of FSM and RMI citizens listed above is admissible to the United States, provided the FSM

or RMI citizen is serving on active duty in any branch of the U.S. armed forces, or in the active

reserves.

Note that this provision may apply to qualifying family members even if they are not citizens

of the RMI or FSM. References in this Fact Sheet to FSM or RMI citizens admitted under the

Compacts include these individuals.

Adoptions – Bar on Admission

Any FSM or MIS citizen who is coming to the United States based on an adoption outside

the United States, or for the purpose of adoption in the United States, is ineligible for visa-

free admission as a nonimmigrant under the Compacts.

Status of Citizens of the Freely Associated States of the Federated States of Micronesia and the Republic of the Marshall Islands

This bar on visa-free admission as a nonimmigrant applies to FSM or MIS citizens who are

seeking to come to the United States for the purpose of placing a child for adoption in the

United States. This restriction applies whether or not the child has already been born when the

FSM or MIS citizen seeks visa-free admission as a nonimmigrant.

U.S. residents wishing to adopt an FSM or MIS citizen, or FSM or MIS citizens thinking of

coming to the United States for any adoption-related purpose, should seek more information on

the requirements of U.S. immigration law from a U.S. Embassy and U.S. Citizenship and

Immigration Services (USCIS).

Anyone seeking to adopt a child abroad can find more information about the intercountry

adoption process for particular countries at the U.S. Department of State’s Intercountry Adoption

webpage.

Travel Documentation

To gain admission to the United States under the Compacts, a citizen of the FSM or the RMI

must possess a valid, unexpired FSM or RMI passport. Those applying or admission under the

Compacts do not need a U.S. visa or any other travel documentation.

Individuals seeking admission under the Compacts (particularly those who are not birth citizens or

former TTPI citizens) should bring copies of a marriage certificate, certificate of residency, a

spouse’s military orders, or other documents to demonstrate eligibility at the port of entry.

Documentation of Admission to the United States

After arriving at a U.S. port of entry, FSM and RMI citizens will receive admission stamps in

their passports upon admission by U.S. Customs and Border Protection (CBP) to the United

States under the Compacts. The admission stamp will reflect that the admission relates to the

Compacts.

The exact notation may vary and is subject to change, but at the present time it typically states

“CFA/FSM” for an FSM citizen and “CFA/MIS” for an RMI citizen. Some older versions may

be marked “CFA/RMI” for an RMI citizen.

CBP also issues Form I-94, Arrival/Departure Record, to nonimmigrants, such as FSM and RMI

citizens, upon their admission to the United States. Form I-94 is created electronically upon

arrival to an air or sea port of entry. FSM and RMI travelers can obtain a paper version of their

Form I-94 by logging on to CBP’s I-94 website using identifying information and then printing

the form. Both initial and replacement Forms I-94 may be obtained through CBP’s website.

CBP will still issue paper versions of Form I-94 at air and sea ports of entry to those travelers

who request paper versions when they arrive in the United States. These paper Forms I-94 will

contain an admission stamp, but will not have an “admit until” date.

Status of Citizens of the Freely Associated States of the Federated States of Micronesia and the Republic of the Marshall Islands

However, Forms I-94 printed from the CBP website will show an “admitted until” date of D/S

(duration of status).

The 11 alphanumeric admission/departure characters on Form I-94 takes the place of the alien

registration number (A-number) for those admitted under the Compacts who are not otherwise

assigned an A- number. A person admitted under the Compacts should provide this Form I-94

number in place of an A-number in response to any official requests.

Either a printed Form I-94 or the admission stamp in the FSM or RMI passport is evidence of

alien registration. All foreign visitors to the United States over the age of 18 (including FSM and

RMI citizens) are required under penalty of law to have this evidence in their personal

possession at all times.

Terms and Conditions of Admission

Persons admitted under the Compacts must abide by any terms and conditions of admission

prescribed by the Department of Homeland Security, and must obey the laws of the United States

and of the state and locality in which they reside or are present.

People who, following admission to the United States under the Compacts, cannot show that they

have sufficient means of support in the United States may be deportable. Other grounds of

deportability, such as conviction for an aggravated felony, also apply to persons admitted under

the Compacts.

Admission Under the INA and Lawful Permanent Residence

FSM and RMI citizens admitted to the United States under the Compacts may reside, work,

and study in the United States. They do not have the status of lawful permanent residents (also

known as Green Card holders) under the Immigration and Nationality Act (INA).

FSM and RMI citizens admitted to the United States under the Compacts may become lawful

permanent residents, however, if they are otherwise eligible under immigration laws, either

through the immigrant visa process or by adjustment of status within the United States. People

generally must be granted lawful permanent resident status in the United States before they can

apply for naturalization as a U.S. citizen.

In certain circumstances, FSM and RMI citizens or residents who are not eligible for admission

without a visa as nonimmigrants under the Compacts may be able to apply for a nonimmigrant or

immigrant visa under the immigration laws generally applicable to all foreign nationals. A U.S.

Embassy or U.S. Consulate can provide visa information. Visa information is also available from

the U.S. Department of State's U.S. Visas webpage.

D/S indicates that the individual is authorized to remain in the United States as long they maintain a valid

status.

Status of Citizens of the Freely Associated States of the Federated States of Micronesia and the Republic of the Marshall Islands

Employment Authorization – Documentation

FSM and RMI citizens admitted under the Compacts may freely seek employment in the United

States. However, like other employees working in the United States, must complete for their

employers at the time of hire an attestation regarding their employment authorization and present

document(s) showing identity and employment authorization for completing Form I-9,

Employment Eligibility Verification. To satisfy the document presentation requirement,

employees may choose a document or combination of documents listed on Form I-9, in the

section “Lists of Acceptable Documents.”

While FSM and RMI citizens may have been issued a number of documents that are in the section

“Lists of Acceptable Documents,” one option is specific to FSM and RMI citizens: the

combination of FSM or RMI passport and Form I-94 reflecting the FSM or RMI citizens’

admission under the Compacts. This document combination is a “List A” document that shows

both identity and employment authorization and satisfies the document presentation requirement

for Form I-9. An RMI or FSM passport with a passport stamp is not acceptable for Form I-9

purposes; the Form I-94 must be printed and presented with the passport.

Another document listed in the section “Lists of Acceptable Documents” available to citizens of

the RMI and FSM upon request from USCIS is Form I-766, Employment Authorization

Document (EAD). While under the Compacts, citizens of the RMI and the FSM do not need to

apply for, possess, or renew an EAD, USCIS encourages them to apply for one by completing

Form I-765, Application for Employment Authorization.

USCIS will issue an EAD with a category code of A08 to them free of charge. Applicants

properly filing EAD renewal applications under category A08 may receive automatic extensions

of an expiring or expired EAD for up to 180 days. The extension begins on the date the EAD

expires and continues for up to 180 days unless the renewal application is denied.

In addition to serving as evidence of both identity and employment authorization, the EAD is

very useful in applying for a driver’s license or other situations where secure U.S. government-

issued evidence of identity or immigration status may be requested.

All other requirements and procedures relating to Form I-9 and the employer sanctions laws

apply to RMI and FSM citizens in the same manner as to other employees in the United States.

Social Security Card

A person admitted under the Compacts may obtain a Social Security number (SSN) and Social

Security card from the Social Security Administration. An FSM or RMI citizen who has been

admitted under the Compacts is issued a Social Security card without the statement, “Valid for

Work Only with DHS Authorization.” For Form I-9 purposes, this is a “List C” document that an

FSM or RMI citizen can show his or her employer as evidence of employment authorization, but

not identity.

Status of Citizens of the Freely Associated States of the Federated States of Micronesia and the Republic of the Marshall Islands

The Social Security card must be obtained in the United States from the Social Security

Administration. It cannot be issued by the U.S. Embassy in the FSM or RMI.

Study

FSM and RMI citizens admitted under the Compacts may study at any school in the United

States. A school enrolling an FSM or RMI citizen admitted under the Compacts should not

not need to present a Form I-20 or Form DS-2019.

Rights of Persons Seeking to Come to the United States Under a Labor Recruitment

Arrangement

The Compacts and related agreements provide FSM or RMI citizens who seek to come to the

United States under a labor recruitment arrangement with certain rights, including a full

disclosure of the terms and conditions of the arrangement. These individuals should contact their

respective embassy or other appropriate FSM or RMI government office for information about

their rights to full disclosure before entering into any such agreement and departing for the United

States.

Military Service

Under section 341 of the Compacts, FSM and RMI citizens entitled to admission to the United

States under the Compacts are eligible to volunteer for service in the U.S. armed forces.

Visa Requirements for FSM And RMI Diplomats

FSM and RMI citizens coming to the United States to assume diplomatic duties or to work at an

international organization must obtain the appropriate nonimmigrant visa in “A” or “G”

classification in order for their official status to be recognized by the United States. The

Department of State also strongly encourages other FSM and RMI citizens to have a visa if they

are coming to the United States to engage in official activities on behalf of their government.

U.S. Consular Assistance Abroad

Under section 126 of the Compacts, the United States extends consular assistance to citizens of the

FSM and RMI in foreign countries on the same basis as for U.S. citizens, subject to the consent of

the foreign country.

U.S. Consular officers also help FSM and RMI citizens extend and renew their FSM and RMI

passports. These services are available when the FSM or RMI has no diplomatic or consular

representation in a foreign country.

For more information on SAVE, please visit www.uscis.gov/save. September 2020