“It Was Just a Small Case” — The Most Dangerous Assumption
One of the most common phrases immigration attorneys hear from TPS holders is:
“It was just a small case.”
“Nothing serious.”
“The judge dismissed it.”
Unfortunately, immigration law does not see criminal cases the same way state courts do.
Every year, people with TPS lose their status — not because they committed serious crimes, but because they misunderstood how misdemeanors are defined for immigration purposes.
This article explains:
- What criminal convictions can affect TPS
- Why “minor” offenses can still matter
- How criminal issues surface during TPS renewal
- What to do before filing anything with USCIS
👉 If you have TPS and any criminal history at all, reading this carefully could protect your future.
How Criminal History Affects TPS Eligibility
Under the Immigration and Nationality Act, a person is ineligible for TPS if they have:
- One felony conviction, or
- Two or more misdemeanors committed in the United States
This rule sounds simple — but in practice, it’s anything but.
What Counts as a “Misdemeanor” for TPS?
Here is where most people get caught off guard.
A misdemeanor for TPS purposes is not defined by:
- Whether you served jail time
- Whether the case was “serious”
- Whether the judge said “this won’t affect immigration”
Instead, USCIS looks at:
- How the offense is classified under state law
- The maximum possible sentence, not the sentence you received
This Means:
An offense can count as a misdemeanor even if:
- You paid a fine only
- The case was old
- You never went to jail
Common Offenses That Can Count as TPS Misdemeanors
Depending on the state, these often surprise TPS holders:
- Driving without a license
- Driving while suspended
- Certain traffic-related offenses
- Simple marijuana possession
- Shoplifting or petty theft
- Disorderly conduct
- Simple assault
In some states, two “small” cases years apart are enough to disqualify someone from TPS.
Felonies and TPS: No Margin for Error
A single felony conviction is enough to make someone ineligible for TPS.
This includes:
- Non-violent felonies
- Old convictions
- Cases where probation was completed
Once a felony is on record, TPS options become extremely limited.
What About Dismissed, Sealed, or Expunged Cases?
This is another area where misinformation spreads quickly.
Important truth:
- Dismissed cases may still appear in records
- Sealed or expunged cases do not automatically disappear for immigration purposes
- USCIS may still request court documents
Immigration law operates independently from state criminal law.
👉 Never assume a case “doesn’t exist anymore.”
Why Criminal Issues Often Appear During TPS Renewal
Many people assume that once TPS is approved, criminal history is no longer reviewed.
That is false.
During TPS re-registration, USCIS:
- Re-checks eligibility
- Reviews criminal records again
- Flags new arrests or old convictions
This is why TPS renewal is not “routine paperwork.”
The Hidden Risk: Filing Without Reviewing Your Record
One of the most dangerous situations is when someone:
- Files a TPS renewal or application
- Discloses criminal history incorrectly
- Or fails to disclose something USCIS already knows
This can lead to:
- TPS denial
- Loss of protection
- Referral to enforcement
- Allegations of misrepresentation
Sometimes, not filing immediately and reviewing first is the safer move.
Real-World Example (Anonymized)
The Situation:
A TPS holder had two old driving-related cases in different states. No jail time. Both were resolved years ago.
The Problem:
During TPS re-registration, USCIS flagged the convictions as misdemeanors.
The Strategy:
Attorney Pierre reviewed the records, analyzed state statutes, and prepared a legal argument addressing eligibility before filing.
The Result:
The client avoided an automatic denial and maintained TPS protection.
Preparation mattered.
Should You Apply for TPS or Renew If You Have a Record?
The answer is: it depends — and that’s not a cop-out.
Key factors include:
- Exact statute of conviction
- Maximum possible sentence
- Number of offenses
- Timing of the cases
- How USCIS classifies them
Two people with “the same charge” can have very different outcomes.
Why TPS Holders Should Never Guess About Criminal Issues
Guessing leads to:
- Unnecessary denials
- Lost work authorization
- Enforcement exposure
Getting clarity leads to:
- Informed decisions
- Risk management
- Better long-term planning
TPS is a protection — but only if handled carefully.
Frequently Asked Questions About TPS and Criminal Records
Do traffic tickets affect TPS?
Some do. Others don’t. It depends on how the offense is classified.
Does probation count as a conviction?
Often, yes — for immigration purposes.
What if my case was dismissed?
It may still need to be disclosed and reviewed.
Can USCIS see old cases?
Yes. Never assume they can’t.
Should I renew TPS if I’m unsure?
Not without reviewing your record first.
Final Thoughts: Don’t Let a Small Case Become a Big Problem
TPS holders often work hard, support families, and stay out of trouble. But immigration law does not measure intent — it measures statutes and numbers.
If you have TPS and any criminal history at all:
- Don’t panic
- Don’t guess
- Don’t rely on rumors
👉 Book a confidential consultation before filing anything.
That single step can protect years of stability.
