Title 22 — Foreign Relations and IntercourseRelease 119-73
§7842 Eligibility for refugee or asylum consideration
Title 22 › Chapter CHAPTER 85— - NORTH KOREAN HUMAN RIGHTS › Subchapter SUBCHAPTER III— - PROTECTING NORTH KOREAN REFUGEES › § 7842
Summary
North Koreans may seek U.S. refugee status or asylum despite any South Korea citizenship claim; under 8 U.S.C. 1157/1158 they must not be treated as South Korean nationals, and citizenship rights stay unchanged.
Full Legal Text
Title 22, §7842
Foreign Relations and Intercourse — Source: USLM XML via OLRC
(a)The purpose of this section is to clarify that North Koreans are not barred from eligibility for refugee status or asylum in the United States on account of any legal right to citizenship they may enjoy under the Constitution of the Republic of Korea. It is not intended in any way to prejudice whatever rights to citizenship North Koreans may enjoy under the Constitution of the Republic of Korea, or to apply to former North Korean nationals who have availed themselves of those rights.
(b)For purposes of eligibility for refugee status under section 1157 of title 8, or for asylum under section 1158 of title 8, a national of the Democratic People’s Republic of Korea shall not be considered a national of the Republic of Korea.
Reference
Citations & Metadata
Citation
22 U.S.C. § 7842
Title 22 — Foreign Relations and Intercourse
Last Updated
Apr 6, 2026
Release point: 119-73