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