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

(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.

(4)

(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