It’s a been a little over a week since a judge revealed that Joe Giudice would be deported back to Italy following the completion of his prison sentence.
On October 10th, Judge John Ellington told Giudice “Based upon the law, I find you deportable and ineligible for any kind of relief. Mr. Giudice, no matter how this turns out, I wish you the best. I decided this case as a matter of law.”
The news rocked the Real Housewives of New Jersey world and left fans and the Giudice family stunned. The Giudice family is said to be “devastated by the judge’s decision” according to In Touch Weekly.
For now, Joe Giudice and his family will do everything they can overturn the deportation ruling and have made it clear they aren’t “going to go down without a fight,” Us Weekly reports.
Since the judge’s October 10th ruling the Giudice children have been very vocal about how much they need their father. The RHONJ kids have asked for help to fight their father’s deportation.
View this post on Instagram
This is one of my favorite pictures of me and my dad❤️ my father is no threat to society he is one of the most warm hearted people I know, he would never harm a soul. He puts everyone else before himself. I know who my father is and I think many of you do too. My father did his time and learned from his mistakes. Isn’t being in there supposed to make you realize your mistakes so you can become a better person? And that’s exactly what my father did. He hasn’t felt or looked this good since he was in his 30’s. We have so many plans to do as a family when he gets out. I need my father to be here. My father belongs with us and his entire family. My father came into this country when he was one years old, the United States is the only country he knows, spread the word #bringjoehome
View this post on Instagram
My dad , who is the best dad in the world, needs to come home. We aren’t done fighting dad. I can’t believe this is happening. I can’t imagine another day without you. We are gonna do everything we can to fight this daddy!! I love you with all my heart buddy❤️❤️❤️❤️❤️#heartbroken💔😢
“Teresa’s really hoping he wins and is able to stay in the country,” an OK! Magazine insider adds.
If Joe does not win his appeal, “everyone fears it won’t end well. Teresa could have a breakdown.”
Meanwhile, a New Jersey immigration attorney Edward Shulman, who does not represent Joe, tells Us Weekly that he thinks it’s unlikely that Joe will win his appeal.
“I do not think Joe can win in appeals court. A person who is convicted of fraud like this and an aggravated felony conviction is very hard to get around. Maybe there will be some nuance in the statute of the conviction, but it is unlikely,” Shulman reveals.
Shulman also reveals that if Joe loses his appeal he will be completely cut off from his four daughters Gia, 17, Gabriella, 14, Milania, 12, and Audriana, 9.
“If the immigration court of appeals denies Joe again, Joe will not be allowed back into the country, not even for a vacation. He can apply for special waivers if a family member is ill, but those are very difficult to receive. His other option is a presidential pardon, but of course, those are extremely rare too.”
Adding, “Joe is not an illegal alien. He has a green card, but a green card is a privilege, not a right. If someone has been here since they were 1 day old, it does not matter if they have also committed an aggravated felony.”
Joe’s crimes may have been “white-collar” and non-violent, but Shulman says they make him deportable.
“The charge of fraud was above $10,000, which makes it an aggravated felony and that is the basis for deportation. There is no relief for Joe now. Since he has a green card and has been convicted of an aggravated felony, the law states that deportation is the result.”
Shulman says that if he represented the Giudice’s all those years ago he would have approached their case very differently and placed more of the legal burden on Teresa which could have prevented Joe from being deported.
“What I think should have happened four years ago, if I were counseling them at the time, is to have Teresa plead to the fraud offense with the amount of money and have Joe plead to the high crimes but keep the dollar amount of the fraud under 10,000,” Shulman explains. “That would have Joe serve more jail time and his plea to less money would have mitigated the aggravated felony.”
While the Giudice’s can’t go back in time, Teresa can ask for prayers and support.
Us Weekly reports that the Real Housewives of New Jersey star asked fans for prayers during an event at the Mohegan Sun casino in Uncasville, Connecticut over the weekend.
“Teresa said to please pray for me and my family,” an eyewitness at the event tells Us Weekly. “She really hopes Joe is out of jail to see [their daughter] Gia graduate. She said she cannot wait to see the light at the end of the tunnel.”
Joe has until November 9th to file an appeal on Judge Ellington’s decision.