§ 63G-14-203. Sponsorship.

(1)

(a) An individual who is a United States citizen and a resident of Utah may sponsor a foreign national as a resident immigrant by agreeing to assume financial responsibility for the foreign national in accordance with this section.

(b) An individual described in Subsection (1)(a) may sponsor:

(i) two individual foreign nationals; or

(ii) each individual in an association of individuals:

(A) who live in the same dwelling, sharing its furnishings, facilities, accommodations, and expenses;

(B) who are relatives of each other; and

(C) at least one of whom is a parent.

(2) The department by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act, shall establish eligibility requirements to be a sponsor, except that at a minimum the eligibility requirements shall require that the sponsor:

(a) prove an income level at or above 125% of the federal poverty level; or

(b) meet an alternative test created by the department that considers assets as well as income.

(3)

(a) The department by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act, shall define what constitutes an assumption of financial responsibility for a resident immigrant, except that at a minimum the rules shall require that the sponsor agrees:

(i) to accept responsibility for any financial liability a foreign national incurs while participating in the program;

(ii) to an assumption of financial responsibility for the foreign national that is equivalent to the financial responsibility that a parent has for a dependent child; and

(iii) that the state may consider the sponsor's income and assets to be available for the support of the resident immigrant sponsored by the sponsor.

(b) A sponsor violates this chapter if the sponsor fails to pay a financial liability of a resident immigrant that is not paid by the resident immigrant and that is subject to the sponsor's assumption of financial responsibility for the resident immigrant.

(4)

(a) To terminate the sponsorship of a resident alien, an individual shall:

(i) notify the department; and

(ii) provide evidence satisfactory to the department that the resident alien no longer resides in the United States.

(b) A sponsorship is terminated the day on which the department certifies that the sponsor has complied with Subsection (4)(a).

(5) A sponsor shall prove to the satisfaction of the department that a resident immigrant leaves the United States if:

(a) the resident alien is disqualified from the program; or

(b) the sponsor terminates sponsorship.

Enacted by Chapter 20, 2011 General Session