22 U.S.C. § 7842 — Eligibility for refugee or asylum consideration

(a) Purpose. This section makes clear that North Koreans are not barred from getting refugee status or asylum in the United States just because they might have a legal right to citizenship under the Constitution of the Republic of Korea (South Korea). This section does not try to affect whatever citizenship rights North Koreans may have under South Korea's Constitution, and it does not apply to former North Koreans who have already used those citizenship rights. (b) Treatment of nationals of North Korea. When deciding whether someone qualifies 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 (North Korea) is not treated as a national of the Republic of Korea (South Korea).