According to a new report, Joe Giudice, who is currently serving a 41-month prison sentence on federal fraud charges, is an Italian citizen and never got his American citizenry. Radar Online reports that the U.S. Department of Homeland Security has already flagged him for deportation!
A source at Immigrations and Customs Enforcement told the gossip site there is “a detainer on him.”
Said the source, “We have every intent to deport him.”
However, The ICE did not respond on record to Radar’s request for comment.
But a source close to the family told Radar, “Teresa has been scrambling to try get the deportation waived, and its not happening yet.”
“Immigration consequences of criminal convictions depend on the particular criminal statutes implicated and are very case specific,” explains attorney Sophia Solovyova, an expert in immigration law.
“Joe was convicted under a fraud statute,” she explained. “Its a deportable offense, for which waivers are available only in very limited circumstances.” Is there any hope for the Giudices?
“Whether he is eligible to apply for a waiver of criminal inadmissibility depends on how he obtained his green card,” Solovyova said. “If he applied for his green card while in the United States, he may be eligible. But if he came into the country with an immigrant visa, he would not be eligible.”
“So, in short, he is deportable, but whether he has a case depends on his immigration history, personal circumstances and case law in third circuit,” she said.
Photo Credit: Bravo
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