http://patterico.com/2006/03/26/4375...ent/#more-4375

H.R. 4437 is to amend Section 1325(a), the relevant statutory provision, as follows:

Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended–

. . . .

(2) in subsection (a)–

(A) by striking `Any alien’ and inserting `Except as provided in
subsection (b), any alien’;

(B) by striking `or’ before (3);

(C) by inserting after `concealment of a material fact,’ the following:
`or (4) is otherwise present in the United States in violation of the
immigration laws or the regulations prescribed thereunder,’; and

(D) by striking `6 months’ and inserting `one year and a day’;
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An illegal alien convicted of illegal presence in the U.S. thereby becomes a felon. But it isn't spelled out as a felony. Can "one year and a day" apply to a misdemeanor?

Should a felon thereafter apply for citizenship, it cannot be granted. To be
admissible as an immigrant, an alien must establish that he or she “has not
been convicted of any felony or of three or more misdemeanors
committed in the United States” according to
8 U.S.C. 12 §1255a Statute (a) (4) (B),
8 U.S.C. 12 §1255a Statute (b) (1) (C) (2),
8 U.S.C. 12 §1255a Statute (b) (2) (B) (ii).

Aliens applying for welfare are subject to the same restriction.