Can a criminal arrest end my TPS?

TPS has a specific statutory bar that is tighter than most other immigration programs. Under INA § 244(c)(2)(B)(i), a noncitizen is ineligible for TPS — initial grant or re-registration — if convicted of any felony or two or more misdemeanors committed in the United States. This is not a discretionary denial; it is a bright-line ineligibility.

What counts as a "conviction"

The definition follows INA § 101(a)(48)(A) — a formal judgment of guilt or a finding of guilt or admission of facts sufficient to find guilt plus any punishment, penalty, or restraint on liberty. This sweeps in many state diversion outcomes that the client believed were dismissals. We always pull the certified court disposition and analyze it against § 101(a)(48), not the client's understanding.

What counts as a "misdemeanor" vs "felony" for TPS

For TPS, the definition is in 8 C.F.R. § 244.1: a "felony" is an offense punishable by more than one year, regardless of the actual sentence; a "misdemeanor" is punishable by more than 5 days but not more than 1 year. So a single state-law "wobbler" that could carry over a year is a felony for TPS purposes — even if the client received summary probation.

Other TPS-specific bars

Beyond the 1-felony / 2-misdemeanor rule, TPS holders are also barred by:

• Persecutor bar (§ 244(c)(2)(B)(ii) cross-referencing § 208(b)(2)(A)).
• Particularly serious crime / danger to security findings.
• Failure to re-register during any extension window without good cause.

The trap on re-registration

USCIS runs full biometric checks at every re-registration. A conviction that USCIS missed during the original grant can surface years later and trigger denial — often with placement in removal proceedings via NTA referral. Clients with any post-grant arrest, even a dismissed one, need the certified disposition analyzed before re-registration is filed.

How we handle this

We obtain certified court records for every arrest the client mentions and every arrest the FBI report shows. We analyze each disposition under the federal "conviction" definition and the TPS-specific misdemeanor/felony rule. Where a state outcome looks like a conviction but is vulnerable to post-conviction relief (PC 1473.7 in California, equivalent vehicles elsewhere), we coordinate with criminal-post-conviction counsel before re-registration. The goal is to never present USCIS with a re-registration that surfaces a disqualifying record.