Joe Giudice, 47, is still being held by Immigrations & Customs Enforcement as he waits to find out if he’ll be able to stay in the United States, where he immigrated as a young child, or be deported back to his native Italy. The reality star has officially requested a lift of stay — meaning he would leave ICE holding and wait in Italy while his pending appeal in his deportation case settles — but a lawyer says this could complicate matters. “In my opinion, if Joe leaves the U.S. then all his appeals are gone. Even if the Third Circuit Court of Appeals allows his case to be heard by the immigration judge, Joe has already sent himself away so I don’t see him being able to come back to the United States because he has already accomplished the goal of the U.S. which is get him out of the country,” immigration attorney Edward Shulman of Shulman Law Group tells HollywoodLife EXCLUSIVELY. “It’s faulty thinking or reasoning on his part. He just wants to get out of jail but once he’s gone, he’s gone.”
Joe completed his 41-month prison sentence back in March after pleading guilty to multiple charges for mail, wire and bankruptcy charges. His release didn’t exactly mean he was home free, however, as Judge John P. Ellington decided to have Joe deported out of the United States. The RHONJ star was transported to Clinton County Correctional Facility by ICE the same day his sentence ended. Joe’s crime is also considered an aggravated felony, meaning it’s “absolutely less likely” he would even be granted a lift of stay. “It can happen but it’s very case specific so it really just depends on the facts of his case and if the court is willing to grant that lift of stay,” Shulman adds. Joe was originally born in Saronno, Italy but moved with his parents to Paterson, New Jersey when he was just 1 years old. Joe recently release to spend time with his family while his case is ongoing, but was denied on September 20.
Joe’s goal, of course, is to remain in New Jersey with wife Teresa Giudice, 47, and their four daughters but the U.S. has no problem deporting residents who break the law. “Joe’s attorneys requested a ‘stay of removal’ for his deportation order while they appeal with the Third Circuit Court of Appeals. This means that he did not want to be deported while the Third Circuit Court of Appeals reviews his case,” Shulman further explains. “But now he’s requesting for a lift of the stay of removal and is asking to be deported to Italy while they review his case and once the Third Circuit Court of Appeals makes a decision on whether or not they will find that his case is not an aggravated felony and allow an immigration judge to have a hearing to listen to the actual merits of the case.”
His case has been taking its toll on his family, and Teresa recently described the situation as “a difficult time.” The drama will be further explained on the new season of The Real Housewives of New Jersey which dropped its season 10 trailer today.