|
 Below
is the FSM Information pamphlet, which is divided into
20 sections. Either scroll down the page or click on
a link from the list below if you already know which
section you are interested in.
- Introduction
- Orientation
- Travel Document
- US Immigration and I-94 Cards
- Employment
- Employment Authorization Document (EAD),
Form I-765
- Education – Student Assistance
- Social Security
- Criminal Convictions and Deportation
- Alcohol
- Sexual Offenses
- Violence against Individuals
- Violence, Abuse or Neglect of Children
- Traveling with Minors
- Driving Motor Vehicles
- Health Care and Death Overseas
- Absentee Voting
- Identification and Other Documents
- FSM Department of Foreign Affairs
and all Overseas Missions
- Feedback
Introduction
This information first compiled into a pamphlet in
December 2001, has been revised and updated for the
use of citizens of the Federated States of Micronesia
(FSM) who travel to the United States of America (USA)
to visit, reside, seek education and/or employment.
It contains important information that may be useful
to make one’s visit or stay in the US enjoyable
and profitable. It also refers to a few privileges that
FSM citizens enjoy under the Amended Compact of Free
Association (effective June 25, 2004).
The Compact of Free Association http://www.fsmlaw.org/compact
(CFA), a treaty agreement between the FSM and the
US, was first implemented on November 3, 1986 as US
Public Law 99-239. The Compact as recently amended took
effect on June 25, 2004 and is codified as US Public
Law 108-188. The relationship between the US and the
FSM as enshrined in the Compact does not expire, although
certain financial provisions of the Compact will expire
in 20 years
It is important for us, FSM citizens, to remember that
we enter the US, its territories and possessions (i.e.
Guam), as “guests” and we should behave accordingly.
Through our special relationship with the US, as recognized
by the Compact, certain privileges or benefits are extended
to FSM citizens. Although we may consider ourselves
“special guests” in the US, we must respect
the local standards, ordinances and wishes of the communities
where we may reside. We must keep in mind that FSM laws,
customs, attitudes and way of life do not necessarily
apply in the US. As guests in the US, we are subject
to all US laws. We must also keep in mind that privileges
and benefits, if abused, can be limited or taken away.
You are a citizen of the FSM, welcome to America. Make
your family, your home island community and your country
proud of you!
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Orientation
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.
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Travel Document
Under the Amended Compact, it is required by law that
FSM citizens obtain an FSM passport prior to traveling
to any destination in the US, including Guam and the
Northern Mariana Islands. In the near future, the FSM
Government will be issuing Machine Readable Passports
and all FSM citizens will be required by law to obtain
machine readable passports for travel.
Under the amended Compact, all FSM & US citizens
must travel with a passport. This is applicable to minors
as well. The application process for a passport can
be time consuming and must be planned appropriately.
FSM citizens who are returning to the FSM directly
from the US (not going through Japan or another third
country), may travel on an expired passport as long
as the passport is expired less than 10 years.
Currently, a regular (non-machine readable) passport
costs $50.00 and is valid for 10 years from the date
of issue. Passport applications are normally processed
in 7 days. Submitting incomplete applications may cause
delays in processing and issuance of your passport.
Passports are renewed and processed only through the
FSM Office of Immigration in Pohnpei.
Passport applications may be requested from FSM Immigration
in the FSM, or any FSM Embassy or Consulate overseas.
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
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US Immigration and I-94 Cards
Upon entry into any US port (i.e. Guam, Hawaii, Newark),
the first clearance point will be US Immigration. Under
the Compact of Free Association, FSM citizens only need
a passport (no visa required) to enter the US. FSM citizens
are only required to fill out the I-94 card. The I-94
card must be filled out each time you enter the US.
Immigration officials will inspect your passport and
travel documents upon arrival. Part of the
I-94 card will be stapled into your passport for you
to keep. Both the passport and I-94 card will be stamped
with the arrival date and port of entry.
The immigration officer will notate “CFA/FSM”
on your I-94 card and passport. “CFA” stands
for Compact of Free Association. The I-94 card is a
very important document; it proves that you have entered
the US legally. Do not lose the I-94 card.
If you have lost your I-94 card you may apply for a
replacement I-94 through Immigration. You must submit
application form I-102 http://uscis.gov/graphics/formsfee/forms/i-102.htm.
The I-94 card does not expire. When you leave the US,
immigration officials or airline personnel will remove
the I-94 card from your passport. This will indicate
to the US Department of Homeland Security that you have
left the country.
Please note that when an FSM passport expires, the
I-94 is still valid as long as one is still in the US.
When having your passport renewed, please remove the
I-94 and keep it in a safe place. Do not lose your I-94.
If any US Department of Homeland Security officials
have a suspicion as to individuals entering the US,
they have the right to require fingerprinting and scanning
of retina.
For more information on immigration matters, you may
also find a FACT SHEET http://uscis.gov/graphics/publicaffairs/factsheets/Compacts_FS_021105.pdf
on the Bureau of Citizenship and Immigration Services
website at www.uscis.gov or visit the Immigration office
nearest you.
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Employment
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 http://uscis.gov/graphics/formsfee/forms/i-765.htm
(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.
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Employment Authorization Document
(EAD), Form I-765
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
applications for FSM citizens are 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
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Education – Student Assistance
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.
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Social Security
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.
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Criminal Convictions and Deportation
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.
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Alcohol
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.
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Sexual Offenses
Laws defining sex crimes are spelled out in Territorial,
State and Federal jurisdictions and are strictly enforced.
Rape is classified as one of the most serious felony
offenses. Sex with a minor (19 or younger), with or
without consent, is a very serious offense called “statutory
rape”. When convicted of this offense, the average
minimum jail sentence is 12 years.
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Violence against Individuals
In the US, violence, abuse and/or harassment against
another individual, including spouses or friends is
against the law. In most jurisdictions, the state will
criminally prosecute an offense even if the defendant
has forgiven the offender.
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Violence, Abuse or Neglect of Children
Children are strongly protected under US law. If for
any reason, doctors, teachers, friends, or even strangers
suspect abuse or neglect of a child in your care, the
State has the authority to intervene on behalf of the
child. Children can and will be removed from the custody
of parents for their safety during investigation. Those
convicted of abusing children, including parents, will
be jailed, and their children taken away.
- Note: FSM citizens must remember that
in all matters legal or otherwise, the Micronesian
customs and traditional methods of forgiveness are
not accepted or recognized by any law enforcement
authorities in the US.
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Traveling with Minors
Please be advised that when traveling to, from or within
the US, parents and/or legal guardians must accompany
minor children. Anyone who is traveling with a minor,
without proper legal documentation, may be suspected
or charged with kidnapping.
FSM families residing in the US who bring into their
household, friends or relatives who are minors, should
first obtain the necessary legal documentation to prove
guardianship so as to be able to render any decisions
concerning education, medical and other relevant issues.
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Driving Motor Vehicles
Owning a motor vehicle means that you are the primary
legal and registered owner of the car. As owner, you
are responsible for maintenance, insurance, safety inspections
and all other matters concerning the vehicle.
You must be in possession of a valid driver’s
license, vehicle registration and proof of insurance
while operating a motor vehicle. You must follow and
obey all traffic laws and regulations. You are also
responsible for the safety of your passengers at all
times.
Driver’s licenses are issued by the Departments
of Motor Vehicles in each State. Valid passport, I-94,
EAD card, social security card and other documentation
may be required to obtain a new driver’s license.
Micronesian driver’s licenses are not usually accepted
as valid form of identification or as proof of ability
to drive in the US.
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Health Care and Death Overseas
The FSM government, embassies and consulates are not
responsible for health care costs associated with hospitalization,
clinical visits or death of FSM citizens who do not
have health insurance. Each citizen is responsible to
ensure that he/she has health insurance. In the US it
is recommended that those seeking employment inquire
about health care and other related benefits through
their employers or schools.
The Compact of Free Association does not guarantee
any rights to social, medical or welfare benefits in
the US. Eligibility for such programs rests entirely
at the discretion of each US State.
The FSM Embassy in Washington and Consulate offices
in Guam and Hawaii can assist in preparing required
paperwork for the repatriation of deceased FSM citizens
from the US. The FSM Government, embassies and consulates
are not financially responsible for the repatriation
of FSM citizens who die overseas. All costs associated
with the funeral home preparations, services and repatriation
are the sole responsibility of the family.
Approximate costs involving repatriation of the deceased
are as follow:
Repatriation to the FSM: preparation for paper work,
embalming, casket, funeral services, and air transportation
can cost up to $8,000 or more.
Burial in the US: Burial in the US involves the purchase
of a burial plot in a cemetery, which can be costly.
The costs would also range in the thousands of dollars.
Cremation: Cremations is the burning of remains until
only the ashes are left. Cremation costs vary, but usually
run in the range of $5,000 or less.
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Absentee Voting
Consistent with FSM laws and regulations, FSM citizens
may continue to cast their votes while overseas. It
is the responsibility of each citizen to contact the
National Election Director or the Election Commissioners
in their respective states to request absentee ballots
and voting information on upcoming elections.
- FSM National Election Director
Email: NED@mail.fm
- Chuuk State Election Commissioner
P.O. Box 10, Weno, Chuuk FM 96942
Tel: (691) 330-5852
Fax (691) 330-5904
- Pohnpei State Election Comm.
P.O. Box 1924, Kolonia, Pohnpei FM 96941
Tel/Fax: (691) 320-7805
- Kosrae State Election Commissioner
P.O. Box 340, Tofol, Kosrae FM 96944
Tel: (691) 370-2372
Fax: (691) 320-2850
Email: NEDKosrae@mail.fm
- Yap State Election Commissioner
P.O. Box 849, Colonia, Yap 96943
Tel: (691) 350-4217
Fax: (691) 350-4641
Email: necyap@mail.fm
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Identification and Other Documents
Please expect that US Homeland Security officials will
be very vigilant in reviewing identification and proof
of citizenship in all matters.
It is strongly recommended that FSM citizens take special
care of their passports, I-94 cards, EAD’s, social
security cards, notarized birth certificates, and any
other important documents or forms of identification.
All documents should be kept current and up-to-date.
It can be very time-consuming and expensive to replace
lost or damaged documents and citizens may lose certain
privileges or benefits while important documents are
being replaced.
It is also strongly recommended that FSM citizens moving
to the US, call the nearest FSM Consulates or the FSM
Embassy in Washington to register and obtain helpful
information.
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FSM Department of Foreign Affairs
and all Overseas Missions:
- FSM Department of Foreign Affairs
P.O. Box PS-123
Palikir, Pohnpei FM 96941
Federated States of Micronesia
Telephone: (691) 320-2641
Fax: (691) 320-2933
Email: foreignaffairs@mail.fm
- FSM Embassy to the United States of America
1725 “N” Street, NW
Washington, DC 20036
Telephone: (202) 223-4383
Fax: (202) 223-4391
Email: mail@fsmembassydc.org
- FSM Mission to the United Nations
820 2nd Avenue, Suite 800
New York, NY 10017
Telephone: (212) 697-8370
Fax: (212) 697-8295
Email: fsmun@fsmgov.org
- FSM Consulate General
3049 Ualena Street, Suite 904
Honolulu, HI 96819
Telephone: (808) 836-4775
Fax: (808) 836-6896
Email: fsmcghnl@aol.com
- FSM Consulate General
P.O. Box 10630 (located in ITC Building)
Tamuning, Guam 96931
Telephone: (671) 646-9154
Fax: (671) 649-6320
Email: fsmcongm@kuentos.guam.net
- FSM Embassy to Japan
Reinanzaka Building, 2nd floor
1-14-2, Akasaka 1-chome
Minato-ku, Tokyo 107 JAPAN
Telephone: (81-33) 585-5456
Fax: (81-33) 585-5348
Email: kembom@fsmembassy.or.jp
- FSM Embassy to Fiji
P.O. Box 15493
Suva FIJI
Telephone: (679) 3304-180/566
Fax: (679) 3304-081
Email: fsmsuva@sopacsun.sopac.org.fj
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Feedback
The FSM Embassy in Washington, DC welcomes and encourages
comments and suggestions for inclusion in future revisions
of this website edition of “Essential Information
for Citizens – Rights and Responsibilities.”
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