90 Day Fiancé’s Jay Smith Has ‘High’ Chance of Deportation Explains an Immigration Lawyer

Under Arrest

On Wednesday, July 3, Jay, 21, turned himself into the authorities after learning that there was a warrant out for his arrest. According to the Upper Allen Township Police Department, he allegedly violated an order of protection.

Acting Out

Just a few days earlier, Jay’s ex Ashley Smith (née Martson) had obtained a PFA (protection from abuse) order against him. Since Ashley, 31, filed for divorce, the couple has clashed several times, resulting in the police being called more than once.

Targeted Trouble

Though the police did not clarify if the PFA Jay allegedly violated was Ashley’s, they stated that a social media post Jay had shared was reported to have breached the legal agreement.

Turned In

That social media post was reported on July 2. The next day, the star shared a new cryptic post featuring song lyrics from rapper Lil Durk‘s “Turn Myself In” before he was peacefully arrested.

ICE Authority

Because Jay is not yet a United States citizen — and his legal residency has been put into further jeopardy by his divorce, something Ashley has talked about before — he was placed in ICE custody.

His Problem

Back in April, the blonde beauty admitted she would “feel upset” if Jay was deported, but called it “kind of his problem.” Exclusively chatting with In Touch, she said, “I saw where he came from and it’s not the best life. … But the reason why he would be deported is for what he chose to do.”

Strong Feelings

Now that Jay may actually be deported, it seems she hasn’t changed her tune. “Mark my words, this is the hardest day of my life,” she said in a now-deleted post reshared by blogger John Yates. “I can’t believe this is how it ended. The amount of sadness I’m feeling is unfathomable. There is no celebrating over here, just pure heartbreak!”

Payback

That doesn’t mean she doesn’t still think Jay deserves to be deported. “Ashley feels as though Jay made his own bed,” her spokesperson, Johnny Donovan, told Us Weekly. “Ashley has been suffering for a long time — it’s payback. Jay thought she was joking, but no. He made his bed, and now he has to lie in it.”

Legal Issues

According to Jay and Ashley’s rep, they’ll both be required to be in court on Tuesday, July 9, and Wednesday, July 10. “Jay remains in custody as the deportation process can take 6-8 months,” they told In Touch.

Court Drama

So what might go down in court? “Based on the circumstances described, Jay should file for an immigration bail/bond,” said attorney Inna. “After posting the bond, Jay may be eligible to file a VAWA (Violence Against Women Act) Green Card petition, which is a form of relief meant for abused spouses.”

Wedding Woes

“Jay’s marriage was authentic, and no fraud is being alleged,” Inna continued. “His spouse contacting ICE to complain about her spouse may be indicative of abusive and controlling behavior.”

Fighting Back

Can Jay appeal against being placed in ICE custody? According to Inna, it’s not time for that just yet. “It does not sound like an appeal is appropriate as Jay has not been seen by an immigration judge yet.”

Poor Chances

Things aren’t looking good, though. “Based on the described circumstances, his chances of being deported might be high,” said the attorney. “However, he should utilize the above-mentioned relief in the form of VAWA Petition.”

Buying Time

“As long as the VAWA petition is being adjudicated, Jay will not be deported.” Another thing that might slow down the process would be if Ashley withdrew her petition for divorce, something that seems unlikely and may be impossible.

Reaching Out

“Jay’s soon-to-be ex-wife cannot file immigration papers for Jay at this time, unless she withdraws her petition for divorce. Her ability to do that will depend on the stage of the divorce proceedings,” said Inna.

Hail Mary

Barring that, Jay does have a few other options. “Aside from filing a VAWA petition, Jay can marry another United States citizen once he receives a judgment of divorce from his current wife.”

Asking for Asylum

“Another option for Jay might be to file for Asylum,” the attorney continued. “He must have sufficient evidence to support an asylum claim, specifically that he is being persecuted in his home country.”

It sounds like Jay is facing a major uphill battle. Our hearts go out to him in this difficult time.