If you are arrested in Columbus and you are not a U.S. citizen, the situation can become complicated very quickly. An arrest alone can raise immigration concerns, even before charges are resolved or a case moves forward. For you, that can mean questions about your immigration status or unexpected increased attention from immigration authorities.

Criminal cases and immigration matters move through separate systems, but they often overlap after an arrest. Decisions made in a criminal case can affect your visa status or green card applications later on. If you are facing criminal charges as a non-citizen, working with a Columbus immigration attorney at Luftman, Heck & Associates can help you understand how those systems interact and what risks may exist. A consultation with our firm can help you decide how to approach the situation with both your criminal defense and your immigration status in mind.

What Happens Immediately After a Non-U.S. Citizen Is Arrested in Columbus

If you are arrested in Columbus and are not a U.S. citizen, the early steps are similar to those for citizens, but there are added risks. After booking, your fingerprints and basic information will be collected, and charges may be filed. You could be held in custody while bond is considered or released, depending on the situation. When a non-U.S. citizen is arrested in Ohio, these first steps matter because routine booking procedures can affect more than just the criminal case.

During booking, your immigration status may also be identified. Fingerprints are often checked against federal databases, which can alert immigration authorities that you are in custody. This can lead to additional review that does not apply to U.S. citizens. That means immigration issues can surface before your first court date. This helps explain why arrests can escalate quickly when immigration status is involved.

ICE Involvement & Immigration Detainers in Columbus

ICE involvement is separate from a criminal case, but if you are arrested, it can quickly draw immigration attention. If you are a non-U.S. citizen arrested in Columbus, immigration authorities may be notified during booking, sometimes before your case even reaches court. That can be surprising, especially when the criminal and immigration systems are supposed to operate independently.

What is an ICE Detainer?

An ICE detainer is a request asking a jail to hold you for a short time after you would otherwise be released. This gives immigration authorities time to decide whether they want to take custody. Detainers are governed by federal rules, including 8 C.F.R. § 287.7. While a detainer is not a new criminal charge, it can still change how long you remain in custody.

When are ICE Detainers Commonly Issued?

Detainers are often issued during the booking process, when fingerprints are checked against federal databases. Certain charges or past immigration history can increase the chances of a detainer, but serious offenses are not the only trigger. In Columbus ICE detainers cases, the decision is usually based on information gathered during arrest processing, not on how the criminal case eventually turns out.

How Detainers Affect Release From Jail

If a detainer is in place, release from jail may not happen right away, even after bond is posted or charges are resolved. Instead, you may be held for additional time while immigration authorities decide what to do next. This delay would be tied to immigration consequences tied to an arrest in Ohio, not to anything ordered by a criminal court.

Detention and Release Issues for Non-Citizens

Bond and release rules can work very differently when you are not a U.S. citizen. Even if a criminal court grants release, immigration issues can intervene and alter what happens next. This often creates confusion right away, especially when detention decisions are being made outside the criminal case. In situations involving bond and detention for non-citizens in Ohio, several factors can affect whether someone is released or remains in custody, including the following:

Criminal bond eligibility does not guarantee release if an ICE detainer is in place.
Immigration detention may begin after release from local custody.
Bond may be set later by an immigration judge in a separate proceeding.
Some charges reduce or eliminate eligibility for an immigration bond.
Detention length can vary based on immigration status and prior history.

This uncertainty can make planning much harder for you. According to data from the Transactional Records Access Clearinghouse, immigration detention often occurs before any criminal conviction, which means an arrest alone can lead to custody issues. When you do not know whether or when a release will happen, it can disrupt communication and make it harder to prepare for both the criminal case and immigration concerns simultaneously.

How Criminal Charges Can Affect Your Immigration Status

If you are a non-U.S. citizen, criminal charges can affect your immigration status before anything is resolved in court. An arrest or pending charge can affect your visa status or disrupt applications already under review. Immigration agencies often review criminal records during routine processing, and even an open case can lead to delays or added scrutiny. That means immigration issues can begin based solely on charges. This is why criminal charges that affect visas and green cards in Ohio matter so much for non-citizens facing arrest.

These risks can be higher if you are a lawful permanent resident or planning to apply for future immigration benefits. A pending charge can affect travel plans or reentry after leaving the country. Certain offenses may also raise questions about admissibility or removability. When your immigration status depends on meeting specific requirements, criminal charges can interrupt that progress.

Criminal Charges vs. Convictions and Why Immigration Timing Matters

An arrest or criminal charge can create immigration problems before anything is decided in court. Immigration authorities do not always wait for a conviction to take action. A pending charge alone can lead to detention decisions or interfere with applications that are already in progress. Under federal law, including 8 U.S.C. § 1227, immigration consequences can be triggered by the nature of the charge itself. That timing can catch people off guard when they expect immigration issues to wait until a case is over.

How your criminal case is resolved can also affect your immigration status. Plea negotiations and charge selection matter because immigration officials often rely on court records when reviewing a case. A resolution that seems manageable in criminal court can still cause immigration problems later. Paying attention to timing and how charges are resolved can help reduce the risk of consequences that follow the criminal case’s end.

Why Non-Citizens Need a Columbus Immigration Attorney With Criminal Defense Experience

If you are not a U.S. citizen facing criminal charges, the way your case is handled can affect more than the outcome in court. This is where Columbus criminal defense for non-citizens matters. An attorney who understands both systems can coordinate defense strategy with immigration concerns so actions taken in court do not create avoidable problems later.

Plea negotiations are among the most common settings where immigration risks arise. Certain charges or plea language can create serious consequences, even when the sentence itself seems manageable. A Columbus immigration lawyer for criminal charges with immigration considerations from our firm can help identify plea outcomes that reduce unnecessary immigration exposure and avoid resolutions that cause problems down the road.

Criminal Charges If You Are Not a U.S. Citizen FAQs

Can ICE get involved even if charges are later dropped?

Yes. Even if criminal charges are dismissed, your arrest alone can still draw immigration attention and trigger a review.

Does an arrest automatically start deportation proceedings?

No. An arrest does not automatically lead to deportation, but it can put your immigration status under scrutiny depending on your situation.

Can posting a criminal bond prevent immigration detention?

Not always. Posting bond in a criminal case does not stop immigration authorities from placing a detainer or taking you into custody.

What crimes can trigger an arrest for non-citizens?

Law enforcement can make an arrest whenever its agents feel there is probable cause of wrongdoing. That is a very broad window, meaning you could be at risk of immigration actions if you are arrested for:

The unfortunate reality is that almost any crime can place you on ICE’s radar, so finding a defense attorney with experience dealing with immigration and criminal charges is essential.

Do misdemeanors affect immigration status in Ohio?

They can. Some misdemeanor charges still cause immigration problems, especially when they involve specific types of conduct.

Can a non-citizen be deported without a criminal conviction?

Yes. In some cases, immigration action can be based on what led to an arrest, even without a conviction.

Should non-citizens speak to immigration counsel before entering a plea?

Yes. A plea that feels manageable in criminal court can create serious immigration issues later if those risks are not reviewed first.

When should a non-citizen contact a lawyer after an arrest in Columbus?

Many people reach out once they realize an arrest could affect their ability to stay in the country.

A Columbus Immigration Attorney Can Help – Call Today

An arrest in Columbus can affect both your criminal case and your immigration status. What happens next can influence whether you are held in custody and how future applications are handled. When you are dealing with both systems at once, having support that considers each side is crucial. Luftman, Heck & Associates works with people in this situation and understands how criminal charges and immigration concerns connect. Our firm is dedicated to protecting you and your loved ones. Use our contact form to schedule a confidential consultation and get help deciding what steps make sense for you after an arrest as a non-US citizen.

What Happens If You’re Arrested in Columbus as a Non-Citizen?