Note:  This memo is to convey federal guidelines regarding documented non-citizenship status for these specific populations. All other eligibility factors derived from state and federal law are not affected.

On March 9, 2024, President Biden signed the Consolidated Appropriations Act of 2024, Public Law 118-42, that includes a provision titled “Compact Impact Fairness” Act and revised the eligibility of freely associated states such as the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. Citizens lawfully residing in the US in accordance with the Compacts of Free Association (COFA) are now considered “qualified immigrants” and eligible to receive Food Assistance, Child Care Assistance and TANF benefits.

Notations on Form I-94 or I-94A issued to citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI):

Because citizens may reside in the U.S. indefinitely, they generally will not have an expiration date in the “Admitted Until” field on their Form I-94 or Form I-94A. In some cases, the notation “D/S” or “Duration of Status” could appear under the Admitted Until field. This notation means the individual is authorized to remain in the U.S. as long as they maintain a valid status.

Citizens of Micronesia and Marshall Islands may present the following documents:

• An unexpired passport, accompanied by Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States (COFA) and the FSM or RMI. Note that this combination of documents is acceptable even if the passport number on Form I-94 differs from the passport number on the FSM or RMI passport.

Typical notation on Form I-94 or Form I-94A under Class of Admission:

• “CFA/FSM” (Compact of Free Association/Federated States of Micronesia) for FSM citizens; or

• “CFA/MIS” (Compact of Free Association/Republic of the Marshall Islands) for RMI citizens.

• Form I-766, Employment Authorization Document (EAD)

• Permanent Resident Card or Alien Registration Card (Form I-551)

• Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa

• Note: Some current citizens may have been admitted to the U.S prior to the effective date of the compacts in October and November 1986 under the former Trust Territory of the Pacific Islands and could have a notation of “PI” under Class of Admission on their Form I-94. Any Form I-94 dated before the effective dates of the compact is not acceptable evidence. For citizens of Micronesia and the Marshall Islands, please use the following workaround and journal in KEES that this is only temporary until the necessary codes are added to the KEES system.

Palauan citizens may present the following documents:

• An unexpired passport, accompanied by Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States. Form I-94 will show an “admitted until” date of D/S (duration of status) and a Class of Admission listed as “CFA/PAL” indicating a citizen of Palau admitted under the compact between the U.S. and Palau.

• Form I-766, Employment Authorization Document (EAD)

• Permanent Resident Card or Alien Registration Card (Form I-551)

• Foreign passport that contains a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa.

Please use the following workaround and journal in KEES that this workaround is only temporary until the necessary codes are added to the KEES system:

• USCICS Document: Resident of Samoa

• Country of Citizenship: Federated, States of Micronesia, Republic of the Marshall Islands or Trust Territory of the Pacific Island (PALAU)

• Non-Citizenship Record: Verified

• Initial SAVE Record: Refugee

• Begin Date: First day of the month of application

  • NOTE: This workaround will give an Alien Type of Lawful Permanent Resident

SAVE must be run for this population as they are not considered U.S. citizens.

Status of Citizens of the Freely Associated States of the Federated States of Micronesia and the Republic of the Marshall Islands Fact Sheet dated 10/29/2019:

https://www.uscis.gov/sites/default/files/document/fact-sheets/FactSheet-Status_of_Citizens_of_Micronesia_Marshalls_Islands.pdf

Status of Citizens of the Republic of Palay Fact Sheet dated 10/29/2019:

https://www.uscis.gov/sites/default/files/document/fact-sheets/FactSheet-Status_of_Citizens_of_Palau.pdf

Contact Sarah van Straaten (FA), Sally Hargis (CC) or Angela Stinson (TANF) for any questions you may have.