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: file an application with the department; at the time of filing the application be living outside of the United States; pass a health and background screening; 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; file proof of sponsorship by a sponsor who meets the requirements of Section; and 63G-14-203 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: is in the United States at the time of application for the program; or is a citizen of a country: 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; against which the United States has declared war; or 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) The department, in consultation with the governor, shall make rules in accordance with, that provide: Chapter 3, Utah Administrative Rulemaking Act 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; what constitutes a background screening to be eligible to be accepted into the program; what constitutes proof of sponsorship to be provided by the foreign national; the term for which a foreign national is considered a resident immigrant; and the process of obtaining a resident immigrant permit under Section. 63G-14-204 When making a rule under this section, the department shall use federal standards as a guideline to avoid unnecessary duplication and additional costs.