Title 22, Foreign Relations and IntercourseRelease 119-110

§7842 Eligibility for Refugee or Asylum Consideration

Title 22 › CHAPTER 85 — NORTH KOREAN HUMAN RIGHTS › SUBCHAPTER III — PROTECTING NORTH KOREAN REFUGEES › § 7842

Last updated Sep 22, 2026|Official source

Summary

Allows people from North Korea to apply for refugee status or asylum in the United States even if the Constitution of the Republic of Korea gives them a legal claim to citizenship. It does not change or hurt any citizenship rights they may have under the Republic of Korea, or affect former North Koreans who already used those rights. For U.S. immigration purposes, a national of the Democratic People’s Republic of Korea is not treated as a national of the Republic of Korea.

Full Legal Text

Title 22, §7842

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Purpose

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)Treatment of nationals of North Korea

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

Sep 22, 2026

Release point: 119-110