Utah Code 63G-14-202. Approval as a resident immigrant — Ineligibility
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(1) To be considered for approval as a resident immigrant for purposes of the program, a foreign national shall:
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 63G-14-202
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) file an application with the department;
(1)(b) at the time of filing the application be living outside of the United States;
(1)(c) pass a health and background screening;
(1)(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;
(1)(e) file proof of sponsorship by a sponsor who meets the requirements of Section 63G-14-203 ; and
(1)(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:
(2)(a) is in the United States at the time of application for the program; or
(2)(b) is a citizen of a country:
(2)(b)(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;
(2)(b)(ii) against which the United States has declared war; or
(2)(b)(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)
(4)(a) The department, in consultation with the governor, shall make rules in accordance with Chapter 3, Utah Administrative Rulemaking Act , that provide:
(4)(a)(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. § 1182;
(4)(a)(ii) what constitutes a background screening to be eligible to be accepted into the program;
(4)(a)(iii) what constitutes proof of sponsorship to be provided by the foreign national;
(4)(a)(iv) the term for which a foreign national is considered a resident immigrant; and
(4)(a)(v) the process of obtaining a resident immigrant permit under Section 63G-14-204 .
(4)(b) When making a rule under this section, the department shall use federal standards as a guideline to avoid unnecessary duplication and additional costs.