Kasehlelie, Ran Annim, Mogethin, Lenwo, Yokwe, Alii !
NOHNO has decided to publish this presentation to shed light on the I-94 obstacles that continue to surround many of our COFA citizens and their families abroad.
What is an I-94?
The I-94 is a US document or immigration form given to nonimmigrants. Article IV Section 141 of the “Compact of Free Association between the Federated States of Micronesia and the United States of America”, the agreement defines FSM citizens as “nonimmigrants”. Identical provisions exists in the Republic of the Marshall Islands and the Republic of Palau’s compact agreement. Form I-94 provides nonimmigrants with proof that they have been lawfully admitted to the U.S.
Here are examples of what an I-94 looks like. The left image is the paper-form I-94 that custom and border protection or CBP provided to nonimmigrant before 2013. The right image is the electronic I-94, which CBP began issuing since 2013.
Unique to COFA citizens , your I-94 will not have an end date or admit until date. What are the problems COFA citizens are facing related to their I94s?
60% of NOHNO’s clients who are currently residing in the United States are requesting assistance in obtaining their I94s.
Through its own research, NOHNO has been informed that since April of 2013, CBP stopped giving out I-94s in paper forms to nonimmigrant travelers, traveling by air and sea upon their arrival to the United States. Beginning of April 30, 2013, CBP began automating the I-94 process. Instead of issuing paper form I-94, your I-94 is now stored electronically on CBP’s website for up to five years. After, that, it is archived.
Many of NOHNO’s clients have been unable to retrieve their I94s through the CBP website. In response, NOHNO has assisted its clients in locating and obtaining their I94 through the Freedom of Information Act or a FOIA Request. This act provides the public the right to request access to records from any federal agency. Unfortunately for NOHNO’s clients, they have waited for over 2 months and still are waiting for CBP’s response after submitting a FOIA request. The question is to CBP, nonimmigrants who arrived before 2013, are their records still accessible in their archive or are they lost?
An unfortunate finding is that many of NOHNO’s clients residing in the United States have been without their I94s for more than 15 years.
NOHNO wants to show how truly important an I94 is for COFA citizens.
Without an I94, COFA citizens cannot apply or renew their driver’s license. In addition, if their social security cards are lost or damaged, and they do not have an I94, they will not be able to obtain a replacement.
An I94 is fundamental to maintaining COFA citizen’s rights and privileges while residing in the United States. Without having an I94, you won’t be able to renew or apply for your driver’s license, you risk unemployment, and you cannot apply for a social security card or a replacement, among others. Merely extending one’s passport expiration date will not resolve the I94 issue faced by many living abroad.
How do we resolve these I94 challenges?
Here are couple pathways of obtaining your I94 that we know. If you entered the US within 5 years, for example, you arrived in 2018 and lost your i94 in 2020, you can still get your I94 on the CBP website. Many of our clients, unfortunately, do not fall in this category.
The other option is expensive and has proven non-viable for some. That is submitting Immigration form I-102 from the US Citizenship and Immigration Services, USCIS. The form costs $445 and it is non refundable. This form is used to apply for a new or replace an I94.
Although an option, NOHNO will caution you that some of our clients have submitted the I-102 with an expectation of receiving their I94 replacement and they have waited years and, to date, still haven’t received it.
The third option is leaving the United States and returning with a valid passport. This option has proven non-viable for most FSM citizens for travel is expensive.
Currently, NOHNO is exploring a fourth option for its clients. That is, NOHNO’s clients are applying through the Freedom of Information Act Website. The fee is minimal. The results of this option are to be determined but we remain hopeful this will be a viable option for COFA citizens. Unfortunately, the waiting period has exceeded two months with no results. But, again, NOHNO remains hopeful this option will work.
NOHNO has studied and continues to study the I94 issue as it relates to COFA nations. Here are a few recommendations to improve the issue:
First, the I94 issue should be a high priority agenda item during the 2023 COMPACT negotiations, if it isn’t already;
Second, COFA leaders should encourage the United States specifically, the Custom and Border Protection Agency, to store electronic copies of one’s I94 on its website for a period greater than 5 years and preferably for an indefinite period of time.
Third, allow Dual Citizenship. Before proceeding, I would like to clarify that NOHNO is a neutral organization. NOHNO is not pushing for or against dual citizenship. This is simply additional information we are sharing as an option. This option will eliminate the need for an I94 for COFA citizens who decide to become U.S. citizens.
Fourth, COFA nations should educate its citizens before they leave their home country to live abroad in the United States. The home nation should offer online or in person courses on basic and important information on how to become a productive member in US society and
understand the importance of certain documents such as the I94, social security card, driver’s license, and the passport.
Fifth and Last, COFA leaders shall suggest to U.S. leadership create an Immigration-COFA form, or I-COFA. Unlike the I94, the I-COFA form will represent the unique and special relationship between the United States and COFA nations. The purpose shall eliminate those challenges some COFA citizens face with the I94.
NOHNO is here to assist you and your families. Again, thank you.
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