Fact Sheet 

February 11, 2005 

 

 STATUS OF THE CITIZENS OF THE FREELY ASSOCIATED STATES OF

THE FEDERATED STATES OF MICRONESIA AND 

 THE REPUBLIC OF THE MARSHALL ISLANDS

Background: The Compact of Free Association Act of 1985 (Public Law 99-239) set forth a 

joint resolution between the United States and the Republic of the Marshall Islands and the 

Federated States of Micronesia (RMI/FSM) regarding the termination of the U.S. trusteeship over 

the former Trust Territory of the Pacific Islands (TTPI). The resolution further established the 

FSM and the RMI as independent nations, and established a special relationship between the 

United States and these nations. The Compact of Free Association between the United States and 

the RMI took effect on October 21, 1986, and the Compact of Free Association between the 

United States and the FSM took effect on November 3, 1986. 

The Compact of Free Association Amendments Act of 2003 (Public Law 108-188) amended the 

Compacts in a number of significant ways, including changes to 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 has a Compact of Free Association with the Republic of 

Palau. 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.

CITIZENSHIP STATUS 

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

TRAVEL OF FSM OR RMI CITIZENS TO THE UNITED STATES 

• Citizens of the FSM and the 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. At the present time, they are 

granted an unlimited length of stay, also referred to as “D/S” or “duration of status.” 

 

 

 

 

 

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CLASSES OF CITIZEN WHO MAY EXERCISE COMPACT PREVILEGES 

• In addition to birth citizens and former TTPI citizens, the following citizens of the FSM 

or the RMI may exercise privileges under the Compacts. 

o An immediate relative (spouse or unmarried son/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 with a certificate of 

actual residence, and (if 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

in order to obtain immigration benefits under the Compacts. 

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

furnished by the FSM or the RMI governments of residents for five years as of 

April 30, 2003, and who continues to be an actual resident with certificate of 

actual residence. 

o Note that any person who obtained an FSM or RMI passport pursuant to any 

investment, passport sale, or similar program is NOT entitled to any immigration 

privileges under the Compacts.

• It is important also to note that the rights and responsibilities while in the United States of 

persons admitted under the Compacts do not differ depending upon their specific basis of 

eligibility for admission. In other words, once a person is admitted it does not matter for 

employment eligibility or other purposes whether the person is a birth citizen, 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 (bona fide spouse or unmarried son or daughter under 21 years of 

age) of one of the classes 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.

ADOPTIONS – BAR ON ADMISSION 

• Any FSM or RMI citizen who is coming to the United States pursuant to an adoption 

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

for admission under the Compacts. 

• This bar on visa-free admission applies to FSM or RMI citizens who are seeking to come

to the United States for the purpose of giving up an unborn child for adoption in the 

United States, as well as to children being brought to the United States for the purpose of 

adoption.

• This bar applies to any person who is or was an applicant for admission to the United 

States on or after March 1, 2003. Persons in the United States wishing to adopt an FSM 

or RMI citizen, or FSM or RMI citizens considering coming to the United States for any

adoption-related purpose, should seek further information on the applicable requirements 

of U.S. immigration law from a U.S. embassy and/or U.S. Citizenship and Immigration 

Services (USCIS). 

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TRAVEL DOCUMENTATION 

• In order to seek admission to the United States under the amended Compacts, a citizen of 

the FSM or the RMI must possess a valid, unexpired FSM or RMI passport. This is a 

new requirement, which did not apply under the original Compact. An FSM or RMI 

citizen applying for admission under the Compacts does 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) are advised, however, to bring copies of any additional 

relevant documentation or other available evidence (such as marriage certificate, 

certificate of residency, spouse’s military orders, etc.) that may assist them in 

demonstrating to the immigration officer at the port of entry their eligibility for admission 

under the Compacts. 

DOCUMENTATION OF ADMISSION TO THE UNITED STATES 

• Upon admission at a U.S. Port of Entry, FSM and RMI citizens (and non-FSM/RMI 

citizen military family members) will receive a Form I-94 (Arrival/Departure Card) 

issued by the Bureau of Customs and Border Protection (CBP), U.S. Department of 

Homeland Security. On the I-94, a CBP inspector will make a notation reflecting that the 

person’s admission is pursuant to the Compacts. 

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

states “CFA/MIS” for an RMI citizen, and “CFA/FSM” for an FSM citizen. Currently, 

CBP will also notate the I-94 with the letters “D/S,” which stands for “duration of status” 

(meaning that the authorized length of stay is not limited). 

• Persons issued an I-94 should take care not to lose the card, as it may be used, together 

with a valid passport, to establish employment authorization in the United States. In 

addition, the I-94 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.

• In response to authorized requests for an alien registration number, a person admitted 

under the Compacts should provide the 14-digit printed admission/departure number 

which appears on the I-94 issued to the person at the time of entry. This will take the 

place of the alien registration number for those admitted under the Compacts who are not 

otherwise assigned an alien registration number.

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. 

• Note - a person who, following admission to the United States under the Compacts, 

cannot show that he or she has sufficient means of support in the United States may be 

deportable. Other grounds of deportability generally applicable to aliens in the United 

States, such as conviction for an aggravated felony, apply to persons admitted under the 

Compacts. 

ADMISSION UNDER THE IMMIGRATION AND NATIONALITY ACT 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, but they are not “lawful permanent residents” (also 

known as “green card holders”) under the Immigration and Nationality Act. They are not 

precluded, however, from becoming lawful permanent residents if otherwise eligible 

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under the immigration laws, either through the immigrant visa process or by adjustment 

of status within the United States. A person must be granted lawful permanent resident 

status in the United States if he or she eventually wishes to apply for naturalization as a 

U. S. citizen. 

• FSM and RMI citizens or residents who are not eligible for admission without visa as 

nonimmigrants under the Compacts may in certain circumstances be able to apply for a 

nonimmigrant or immigrant visa for admission to the United States under the 

immigration laws generally applicable to all aliens. A U.S. Embassy or Consulate can 

provide visa information to such individuals. Visa information is also available from the 

U.S. Department of State at http://UnitedStatesVisas.gov. 

EMPLOYMENT AUTHORIZATION – DOCUMENTATION 

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

United States. Under the Compacts, citizens of the RMI and the FSM no longer need to 

apply for, possess, or renew a U.S. Government-issued “Employment Authorization 

Document” (Form I-766 or “EAD”). An unexpired FSM or RMI passport with an 

unexpired Form I-94 (or other U.S. Government issued evidence of lawful admission 

under the Compacts) shall establish identity and employment authorization for the 

purposes of employment eligibility verification (the Form I-9). Note that FSM and RMI 

citizens may continue, if they wish, to apply for an EAD by filing Form I-765 with 

USCIS. All other requirements and procedures relating to the Form I-9 and the employer 

sanctions laws apply to RMI and FSM citizens in the same manner as to other individuals 

in the United States.

SOCIAL SECURITY CARD 

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

SSN card from the nearest Social Security Administration (SSA) office. Such persons 

must present evidence of age, identity, and FSM or RMI citizenship (or that they are 

eligible for Compact privileges as the family member of an FSM or RMI citizen serving 

on active duty in the U.S. Armed Forces), such as a passport and properly notated Form

I-94, as the SSA may require. An FSM or RMI citizen who has been admitted under the 

Compacts is issued an SSN card WITHOUT the legend, “Valid for Work Only With 

DHS Authorization,” or any other legend. The SSN card must be obtained in the United 

States from the SSA. It cannot be issued by the U.S. Embassy in the FSM or RMI. 

RIGHTS OF PERSONS SEEKING TO COME TO THE UNITED STATES PURSUANT 

TO A LABOR RECRUITMENT ARRANGEMENT 

• The Compacts and related agreements provide FSM or RMI citizens who are seeking to 

come to the United States pursuant to a labor recruitment arrangement with certain rights, 

including a full disclosure of the terms and conditions of the arrangement. Any person 

seeking to come to the United States pursuant to a labor recruitment arrangement should 

contact his or her respective Embassy (or other appropriate FSM or RMI Government 

office) for information as to his or her rights to full disclosure of the terms of such 

agreements prior to 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. 

 

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U.S. IMMIGRATION REQUIREMENTS FOR FSM AND RMI DIPLOMATS 

• Although it is not a requirement of immigration law, the Department of State requires 

that FSM and RMI citizens coming to the United States to take up diplomatic duties or to 

work at an international organization 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 coming to 

the United States to engage in official activities on behalf of their government to have a 

visa. 

U.S. CONSULAR ASSISTANCE ABROAD

• Section 126 of the Compacts provides that at the request of the Government of the FSM 

or the RMI and subject to the consent of the foreign country, the United States shall 

extend consular assistance on the same basis as for U.S. citizens to citizens of the FSM 

and the RMI outside the United States. Formal requests from the FSM and the RMI to 

the Secretary of State were made on November 20, 1986 and January 5, 1987 

respectively for assistance on a worldwide basis. All foreign embassies in Washington, 

D.C. were notified of this obligation on December 19, 1986 in a Diplomatic Note from

the Secretary of State, in accordance with Article 8 of the Vienna Convention on 

Consular Relations. U.S. Consular officers also provide assistance to FSM and RMI 

citizens in connection with extension and renewal of FSM and RMI passports. These 

services are available when the FSM or RMI has no diplomatic or consular representation 

in a foreign country. 

– USCIS – 

On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S.

Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration 

and citizenship services, while enhancing the integrity of our nation's security. 

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