Lord you are a goofy one. The word "AND" in that legal sentence means including BOTH examples....not excluding one over the other.
Read the law dude.
Is seeking asylum legal?
Yes, seeking asylum is legal. Asylum seekers must be in the U.S. OR at a port of entry (an airport or an official land crossing) to request the opportunity to apply for asylum.
"There’s no way to ask for a visa or any type of authorization in advance for the purpose of seeking asylum,” says Byrne. “You just have to show up".
People arriving at the U.S. border have the legal right to request asylum without being criminalized, turned back or separated from their children.
www.rescue.org