63G-14-202. Approval as a resident immigrant -- Ineligibility.

428 words·~2 min read·/ut/title-63g/chapter-14/63g-14-202

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)To be considered for approval as a resident immigrant for purposes of the program, a foreign national shall:

(a)file an application with the department;

(b)at the time of filing the application be living outside of the United States;

(c)pass a health and background screening;

(d)provide evidence that the foreign national has not been convicted of, pled guilty to, pled no contest to, pled guilty in a similar manner to, or resolved by diversion or its equivalent to a felony or class A misdemeanor;

(e)file proof of sponsorship by a sponsor who meets the requirements of Section 63G-14-203 ; and

(f)pay a fee established by the department in accordance with Section 63J-1-504 .

(2)A foreign national is ineligible for the program if the individual:

(a)is in the United States at the time of application for the program; or

(b)is a citizen of a country:

(i)designated by the United States State Department as a state sponsor of terrorism in accordance with section 6(j) of the Export Administration Act, section 40 of the Arms Export Control Act, and section 620A of the Foreign Assistance Act;

(ii)against which the United States has declared war; or

(iii)against which the United States has imposed sanctions as listed under a sanctions program of the Office of Foreign Assets Control within the United States Department of Treasury.

(3)A foreign national may appeal the denial of participation in the program as a resident immigrant in accordance with Chapter 4, Administrative Procedures Act .

(a)The department, in consultation with the governor, shall make rules in accordance with Chapter 3, Utah Administrative Rulemaking Act , that provide:

(i)what constitutes passing a health screening to be eligible to be accepted into the program, except at a minimum to be eligible to participate in the program an individual may not have a medical condition that would make the individual inadmissible for public health grounds under 8 U.S.C. Sec. 1182;

(ii)what constitutes a background screening to be eligible to be accepted into the program;

(iii)what constitutes proof of sponsorship to be provided by the foreign national;

(iv)the term for which a foreign national is considered a resident immigrant; and

(v)the process of obtaining a resident immigrant permit under Section 63G-14-204 .

(b)When making a rule under this section, the department shall use federal standards as a guideline to avoid unnecessary duplication and additional costs.

Enacted by Chapter 20 , 2011 General Session