90 Day Fiance Jay Smith Ordered To Appear Before An Immigration Judge

For once, 90 Day Fiance couple Ashley Martson and Jay Smith have a legitimate issue to deal with.  As opposed to mostly everything that they’ve posted on Instagram, this is certainly not something to play at for a publicity stunt.  Although, perhaps they would be that reckless.

It’s too bad that Ashley and Jay have cried wolf so many times with their fans, that now they are met with skepticism.  They’ve admitted to faking a breakup for ratings.  Another time Ashley filed, then quickly withdrew, a divorce petition.  She made sure to share her indecision on social media.  This time, there are some very official documents that legitimize the situation Ashley and Jay are in.

On February 4 2019, Jay was served papers from the U.S. Department of Homeland Security.  One is a Warrant for Arrest of Alien, and the other is a Notice to Appear.  Starcasm broke down all the legal wording in an article published yesterday.

The warrant reads as follows, “To: Any Immigration officer authorized pursuant to sections 236 and 287 of the Immigration and Nationality Act and part 287 of title 8, Code of Federal Regulations, to serve warrants of arrest for immigration violations.”

It continues with a bleak conclusion, “I have determined that there is probable cause to believe that Conroy Smith [Jay] is removable from the United States.”

The document lists the reasons for this statement.  They include, “the execution of a charging document to initiate removal proceedings against the subject,” or “that the subject either lacks immigration status or notwithstanding such status is removable under U.S. immigration law.”

And finally, “statements made voluntarily by the subject to an immigration officer and/or other reliable evidence that affirmatively indicate the subject either lacks immigration status or notwithstanding such status is removable under U.S. immigration law.”

RELATED: Are 90 Day Fiance Couple Ashley Martson And Jay Smith Having Marital Issues Again?

Does Ashley admitting on national television that she did not apply for Jay’s Adjustment of Status count as reliable evidence?  What happens now for Jay?

The immigration officer is, “commanded to arrest and take into custody for removal proceedings under the Immigration and Nationality Act, the above-named alien.”

The Notice to Appear seems to at least offer Jay a chance to make a case for himself.  He is ordered to appear at immigration court on May 8th.

He will have to show why you should not be removed from the United States based on the charge set forth above.”

It’s been determined that Jay entered the country on March 6, 2018 with a K1 visa.  He, “remained in the United States beyond June 3, 2018 without authorization from the Immigration and Naturalization Service or its successor the Department of Homeland Security.”

RELATED: Ashley Martson Says Jay Smith Has Stepped Up As A Husband

The three months from March 6 to June 3 would be the 90 days given for a couple to marry.  The next step to remain in the country legally is to apply for an Adjustment of Status to get a temporary green card.

That card is valid for two years. After, the immigrant would have to prove they are still in a good-faith marriage to get a ten-year green card.

Presumably, Ashley still has not applied for Jay’s documentation since the reunion.  It remains to be seen if Jay will be allowed to stay in the United States. Will ge be deported back to Jamaica? Perhaps some of this drama was caught on camera for 90 Day Fiance: Happily Ever After?


[Photo Credit- TLC]


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