FSM Citizen Information

It is important to learn as much as you can about a given place in the US before you move. Reliable sources of information may be found at libraries, websites, tourist brochures, trusted friends and/or family members.

In this day and age of computers, email, websites and the world wide web, please note that libraries often provide computers for use (at low cost) to search for information on the internet. It would be wise to become familiar with computers and the internet as most general information about anything can be found on the internet.

It is also important that you are gainfully employed and have sufficient financial resources to reside in the US. Essentials such as housing, food, transportation, education and health care for example will cost money. Please also keep in mind that having a good credit history (paying debts fully and in a timely manner) is also very important.

An important function of the FSM embassies and consulates is to provide information and assist citizens as authorized. Citizens are encouraged to call their FSM overseas offices, before travel or upon arrival in the US, for information. The better informed you are, the better off you will be as a visitor or a resident in the US.

Under the Amended Compact, it is required by law that an FSM citizen must have a valid FSM passport upon entry into the US.

Under the amended Compact, all FSM & US citizens must travel with a valid passport. This is applicable to minors as well. The application process for a passport can be time consuming, so it is highly recommended that you plan and take necessary action in a timely manner.

In 2007, FSM Immigration/Passport office began issuing machine-readable passport valid for 5 years.

Passport Processing Fees:

• New or Renewal Passport — processing fee is $50.00.
• Lost/Damaged/Mutilated Passport — processing fee is $75.00.
• Unexpired Passport Needing Additional Visa Pages — processing fee is $25.

Please follow this link (Revised FSM Passport Form & Instructions) for more details.

Passport applications are normally processed in 7 days. Submitting incomplete applications may cause delays in processing and issuance of your passport. By FSM law, FSM Immigration/Passport Office in Pohnpei is the only authorized government agency to issue passports.

Passport applications may be requested from FSM Immigration in the FSM, or any FSM Embassy or Consulate overseas or can be dowloaded from www.fsmembassy.fm.  Completed and notarized applications must be sent directly to the FSM National Government at:

FSM Department of Justice
Chief, Division of Immigration
P.O. Box PS-105
Palikir, Pohnpei FM 96941
Tel: (691) 320-5844
Fax: (691) 320-7250
Email: imhq@mail.fm

For more information on immigration matters, you may also find a FACT SHEET on the Bureau of Citizenship and Immigration Services website at www.uscis.gov or visit the Immigration office nearest you.

Under the Amended Compact of Free Association, FSM citizens are granted the right to live, travel, study and work in the US. Neither a green card nor an Employment Authorization Document (EAD) is required. However, the Embassy strongly recommends that all citizens apply for the EAD card for necessary identification purposes.

While FSM citizens are eligible for most employment opportunities in the US on a non-discriminatory basis, there are some jobs requiring a security clearance which is only available to US citizens. Certain other positions such as in law enforcement, on US military bases or with the US Federal or a State government, may require US citizenship, as a matter of law.

Although the EAD is no longer required, under the amended Compact, to work, it is still strongly recommended that citizens obtain the EAD card. It serves as a valuable form of second identification and is very often required by other US agencies such as Departments of Motor Vehicles, schools or other social services agencies.

The EAD card is obtained from US Immigration using application form I-765. The fee is normally $180, however the processing fee for applications for FSM citizens is waived/free. The EAD card which was once issued and valid for 1 year, is now now valid for 4 years. Copies of valid passport, copy of I-94, and two photos (frontal view) are required for the application. All EAD applications for FSM citizens regardless of state of residence must be mailed to Homeland Security in Lincoln, Nebraska.

The EAD application with complete instructions may be downloaded from the USCIS website here: FORM I765

FSM students are eligible to attend public schools in the US provided that they meet the school’s requirements. The Compact of Free Association does not guarantee eligibility for in-state tuition.

Public Schools (elementary through high school) are usually free. Post-secondary education however, can be expensive. College and University tuition varies from institution to institution. FSM citizens are eligible for Pell Grants and may apply for other scholarship opportunities offered. FSM citizens are not eligible for US Federal Government Student Loans. It is the responsibility of each student to seek other sources of financial assistance for education.

Under the amended Compact, students enrolled after June 25, 2005, will not be eligible for the US federally funded programs – SEOG & Work Study. BUT, those already enrolled before that date will be eligible for the next four years. The SEOG and Workstudy program will be phased in under the Supplemental Education Program which will be administered by the FSM Government.

Students are also encouraged to contact the FSM Department of Health, Education & Social Affairs or their local State Departments of Education to inquire about financial assistance for which they may qualify.

All FSM citizens are entitled to a US Social Security Card without any prohibiting language on the face of the card. Cards issued to FSM citizens with the language “not allowed to work without INS authorization” have been issued in error and should be returned to the nearest Social Security office to be reissued. Social security numbers are issued on a permanent basis. If you lose your card or forgot your SS number, you should visit your nearest Social Security Office for assistance. All FSM citizens must show valid passport and I-94. Having the EAD card (although not required) can be helpful.

The Social Security Administration is a federal retirement system that is supported by withholding from employee paychecks. The social security number is the cardholders personal account number for social security withholding and payment of benefits. It is also used by many other federal and state agencies in the US for identification purposes. Most US employers will expect FSM applicants to have social security numbers.

FSM citizens are eligible to apply for Social Security benefits upon retirement (age 62). FSM citizens must have been gainfully employed in the US and paying social security deductions for at least 40 quarters or ten (10) years. Should an FSM citizen cease to be employed before working the 40 quarters, there is no current process for obtaining a refund of the amount withheld from paychecks to the social security administration.

For more information and for applications for the social security card, you can visit the US Social Security Administration website at http://www.ssa.gov or the office nearest you.

Medicaid in the United States is a federal and state program that helps with healthcare costs for some people with limited income and resources.

Citizens of the Federated States of Micronesia (FSM) have been granted Medicaid federally in every state. That means you should be eligible for Medicaid if you meet all other requirements. However, several states have yet to update their policies or are unclear about whether FSM citizens will receive coverage. Click here to see a guide to eligibility by state to see your state’s policies.

In states where you do qualify for medicaid, you will need a valid social security number and I-94 form in order to apply. It’s important to note that the requirements for medicaid eligibility vary by state and while you might qualify in some states, you may not qualify for others. Links to that information can also be found in the Medicaid guide.

Any FSM citizen who has been apprehended and incarcerated has the right to an attorney/public defender. Under the Geneva Convention, persons are allowed the chance to contact their embassies or family to notify of their detention.

FSM citizens who are convicted of a criminal or civil offense in US judiciary system, must abide by judge’s orders and serve whatever sentence has been rendered (jail time, fines, probation, etc.). Purposeful evasion of the law or violating court orders may be considered a criminal offense. FSM citizens who have been convicted of a felony will be held for deportation AFTER serving their sentenced jail term.

A felony is a serious crime that merits one year or more of prison time. The US Immigration and Nationality Act (INA) and US Homeland Security regulations state that crimes of “moral turpitude” (bribery, theft, sexual offenses, et. al..) are considered deportable offenses whether they are felonies or not.

If you are convicted of a crime of moral turpitude and have served your jail time, US Homeland Security will usually begin processing you for deportation. Processing includes being held in a Federal Detention Center, appearing before a deportation/immigration judge and finally deportation from the US. This process may take months to complete, during which the deportee remains in confinement. Bail does not apply. Once deported from the US, a person is permanently barred from returning or transiting through the US and/or its territories and possessions. Once deported back to the FSM, it is possible to apply for a waiver of inadmissibility with US Homeland Security. In the FSM, that application is available through the US Embassy. This is a lengthy and costly process, and the odds of success are low.

FSM citizens, who are convicted of a crime of moral turpitude in the US, any FSM Court or another country and have served time, will be listed with the US Homeland Security as inadmissible to the US.

The FSM has an Extradition Agreement with the US which remains in force under the Amended Compact. If you commit a crime in the US and move back to the FSM, the US can and may request the FSM government for your extradition back to the US to face trial for your offense.

Since 9/11 and increasingly, ALL non-US citizens in the US who do not abide by the law should expect to be subjected to increased scrutiny by law enforcement officials.

Attitudes in the US toward heavy drinking and public drunkenness are very disapproving. Offenses committed while drunk such as fighting, sexual misconduct, malicious wounding, and destruction of property are not forgiven. Formal apologies are not part of the US culture and have no legal significance.

Driving under the influence of alcohol (DUI) is against the law in the US. The penalties for drinking and driving are very severe.

Some states, such as Texas and Missouri, consider 3 DUI convictions to be a deportable offense for a non-US citizen.

Consumption of alcohol, if done, must be done in a responsible manner. The possession, use of and/or trafficking (selling) of drugs of any kind is treated as a serious crime of moral turpitude carrying long prison sentences followed by deportation.