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Immigration Lawyer: Joe Giudice ‘Will Not Be Allowed' in U.S. to Visit Kids

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Restricted choices. Joe Giudice’s arms are considerably tied in relation to combating his deportation to his native Italy.

Whereas a supply beforehand instructed Us Weekly Giudice “isn’t going to go down and not using a battle” and plans to attraction the decide’s ruling, which occurred on Wednesday, October 10, an immigration lawyer says he could have an uphill battle.

“I don’t suppose Joe can win in appeals court docket. An individual who’s convicted of fraud like this and an aggravated felony conviction may be very laborious to get round. Perhaps there will likely be some nuance within the statute of the conviction, however it’s unlikely,” New Jersey immigration legal professional Edward Shulman, Esq. of The Shulman Legislation Group, who doesn’t characterize Giudice, tells Us solely.

Joe Giudice
Pictured: Joe Giudice Charles Sykes/Bravo/NBCU Picture Financial institution through Getty Photos

The Bravo character will doubtless be reduce off from daughters Gia, 17, Gabriella, 14, Milania, 12, and Audriana, 9, whom he shares with spouse Teresa Giudice: “If the immigration court docket of appeals denies Joe once more, Joe won’t be allowed again into the nation, not even for a trip. He can apply for particular waivers if a member of the family is unwell, however these are very troublesome to obtain. His different choice is a presidential pardon, however after all, these are extraordinarily uncommon too.”

Whereas Shulman shouldn’t be Joe’s lawyer, he’s acquainted with instances much like the 46-year-old Actual Housewives of New Jersey star’s. “Joe shouldn’t be an unlawful alien. He has a inexperienced card, however a inexperienced card is a privilege, not a proper. If somebody has been right here since they had been 1 day previous, it doesn’t matter if they’ve additionally dedicated an aggravated felony,” the legal professional explains. “The cost of fraud was above $10,000, which makes it an aggravated felony and that’s the foundation for deportation. There isn’t any reduction for Joe now. Since he has a inexperienced card and has been convicted of an aggravated felony, the legislation states that deportation is the outcome.”

He provides a few attainable attraction: “The one arguments his lawyer could make is that the statute of the aggravated felony was not really towards an individual, so that quantity over $10,000 didn’t do the hurt {that a} typical aggravated felony would entail and that there isn’t any actual sufferer, however this isn’t an argument that’s more likely to work.”

Shulman says if he had dealt with the case, he would have approached it a lot otherwise, inserting extra of the authorized burden on Joe’s spouse. “What I feel ought to have occurred 4 years in the past, if I had been counseling them on the time, is to have Teresa plead to the fraud offense with the amount of cash and have Joe plead to the excessive crimes however preserve the greenback quantity of the fraud beneath 10,000,” he tells Us. “That will have Joe serve extra jail time and his plea to much less cash would have mitigated the aggravated felony.”

The fact star, who moved to the U.S. as an toddler, is serving a 41-month jail sentence, which he started in March 2016. He and his spouse pleaded responsible in 2014 to 41 counts of fraud, together with wire, chapter and mail fraud. Joe additionally didn’t pay roughly $200,000 in taxes. Teresa, 46, served 11 months in jail in 2015.

“Everyone seems to be shocked that Joe is probably shifting again to Italy,” a supply near the Standing Robust creator instructed Us. “Teresa by no means talks about Joe’s deportation to her buddies. She doesn’t wish to deliver up their authorized issues fairly often, however Joe being deported to Italy may be very excessive up on her ‘by no means focus on’ listing. … Everybody, together with Teresa, thought that they would make an exception for Joe since he has been on this nation for therefore lengthy.”

The Bravo stars’ legal professional, James J. Leonard, instructed Us amid the ruling: “We’re respectfully declining to remark right now.”

With reporting by Travis Cronin

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Immigration Lawyer: Joe Giudice ‘Will Not Be Allowed' in U.S. to Visit Kids
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