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EMBASSY OF THE
UNITED STATES OF AMERICA
MAJURO – REPUBLIC OF THE MARSHALL ISLANDS - 96960
STATUS OF CITIZENS OF THE FREELY ASSOCIATED STATE OF THE REPUBLIC OF THE MARSHALL ISLANDS
 

 TO WHOM IT MAY CONCERN
 
DISCLAIMER: This is an information letter to clarify questions concerning the status of citizens of the Republic of the Marshall Islands (RMI) regarding entry, residence, and permission to work in the United States of America, as well as entitlement to U.S. consular assistance abroad. This letter does not constitute proof that the bearer is a citizen of the RMI and is not a substitute for a travel document.
 
APPLICABLE LAW: Public Law 99-239, the Compact of Free Association Act of 1985. The law establishes the unique status of free association between the U. S. and the RMI. The Compact took effect October 21. 1986.
 
TRAVEL TO THE US: Citizens of the RMI (but not alien spouses or children without proof of citizenship) have unrestricted access to the U.S. to live, work, attend schools and assume "habitual residence" with no U.S. visa requirement, without regard to Paragraphs (14),(20) and (26) of Section 212 (A) of the Immigration and Nationality Act. {See 8 CFR 212.1 (D); INS co wire 212.1-P dtd 11/16/86.}
 
NATURALIZED CITIZENS OF THE RMI: In accordance with Section 141 (A) (3) of the Compact, the U.S. immigration benefits of Section 141 (A) of the Compact shall apply to naturalized citizens of the RMI who have been actual residents there for not less than five years after attaining such naturalization and who hold a certified certificate of actual residence.
 
TRAVEL DOCUMENTATION: In order to enter the U.S. for the above purposes, citizens of the RMI must possess an appropriate travel document, such as an RMI passport or certified birth certificate.
ENTRY PERMIT FORM 1-94, EMPLOYMENT AUTHORIZATION CARDS AND SOCIAL SECURITY CARDS:  
  1. At U.S. Port of Entry, RMI citizens will be issued INS Form I-94 (Arrival/Departure Card) on which INS will add a notation reflecting that the person is from the RMI. No employment authorization stamp will be annotated to the Form I-94.

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  2. RMI citizens must then complete INS Form I-765 in order to be issued INS Form I-688 B (Employment Authorization Document). There is no fee for the I-765 or I-688 B, which is valid for one year. RMI citizens may apply for renewal of the I-688 B at the nearest INS office with jurisdiction over their place of residence in the U.S. There is no renewal fee. (If the I-688 B is lost, however, there is a replacement fee.) Questions may be addressed to Office of Field Operations, Immigration Services Division of the INS, phone (202) 616-2700.

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  3. In order to work in the United States, an RMI citizen must obtain a U.S. Social Security Card from the nearest U.S. Social Security Office. RMI citizens must present evidence of age, identity and citizenship (e.g." 1-94 annotated CFA/MI or a passport or travel document issued by the RMI). [SSA:RM 00203.420 A & B; Basic (TN 16) 6/91]
PERMANENT RESIDENCE/ADJUSTMENT OF STATUS:
  1. Habitual Residence status is not residence for the purposes of naturalization as a U.S. citizen.

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  2. Citizens of the RMI need a U.S. immigrant visa to gain permanent residence in the United States for the purposes of immigration.

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  3. If already in the United States, citizens of the RMI married to U.S. citizens or permanent resident aliens or otherwise qualifying under conditions for any other immigrant status, may apply for adjustment of status at the INS office with jurisdiction over their place of residence.
U.S IMMIGRATION REQUIREMENTS FOR RMI DIPLOMATS: Despite the U.S. immigration benefits of the Compact, in order to ensure that accredited diplomats are properly identified, RMI diplomats should be admitted in proper diplomatic visa classification (e.g., A-1, A-2).
 
U.S. CONSULAR ASSISTANCE ABROAD: Section 126 of the Compact provides that at the request of the Government of the RMI and subject to the consent of the foreign country, the United States shall extend consular assistance to citizens of the RMI on the same basis as for U.S. citizens. These services are available when the RMI has no diplomatic or consular representative in that foreign country.
 
ELIGIBILITY OF RMI CITIZENS FOR U.S. MILITARY: RMI citizens and permanent residents who have lived in the RMI for five years or more are eligible to volunteer to serve in all branches of the U.S. Armed Forces (Section 341 of the Compact of Free Association). RMI citizens are also eligible for enrollment in the U.S. Coast Guard Academy and the U.S. Merchant Marine Academy (COFA Section 342).
 
ELIGIBILITY OF RMI CITIZENS FOR EDUCATIONAL/FINANCIAL ASSISTANCE: RMI citizens are eligible for U.S. Federal Pell Grants, U.S.Federal Supplemental Educational Opportunity Grants, and U.S.Federal Work Study.
 
Dec. 2001