Joe Giudice is fighting back after a judge ruled he will be deported to Italy when he leaves prison.Joe, 48, has filed an appeal with the immigration court to avoid being sent back to hisnative Italy,PEOPLE has confirmed.“The appeal has been filed and we are optimistic that Joe will return home to his family where he belongs,” his attorney James Leonard tells PEOPLE.In October, a judge ruled that Joe will bedeportedat the end of his 41-month prison sentence formail, wire and bankruptcy fraud. He began the sentencing in March 2016 and is set to be released in 2019.Even though he has lived in the United States since he was a child, henever obtained American citizenship, and immigrants can be deported if they are convicted of “a crime of moral turpitude” or an “aggravated felony,” according to U.S. law.His wifeTeresa Giudice, whoserved a little over 11 monthsin prison forthe same crimesand was released on Dec. 23, 2015, recently opened up to PEOPLE about the strain Joe’s imprisonment has put on their marriage.Alo Ceballos/GC Images“Of course I’mvery angry,” she said. “I wish my husband would have crossed every T, dotted every I. There was also another person involved and nothing happened to that person, which is very sad. There’s a lot of scenarios. I lost my mom. I’m angry about that. You know? I lost time with my mom, because I was away. There’s a lot. I lost time with my daughters while I was away. Children need their mom.”“He left when Adriana was 6. She’s 9 now. Yeah. It’s two and a half years. I mean, it’s going to be three years,” she added. “He’s lost three years with his children.”Page Sixfirst reported the news of Joe’s appeal.

Joe Giudice is fighting back after a judge ruled he will be deported to Italy when he leaves prison.

Joe, 48, has filed an appeal with the immigration court to avoid being sent back to hisnative Italy,PEOPLE has confirmed.

“The appeal has been filed and we are optimistic that Joe will return home to his family where he belongs,” his attorney James Leonard tells PEOPLE.

In October, a judge ruled that Joe will bedeportedat the end of his 41-month prison sentence formail, wire and bankruptcy fraud. He began the sentencing in March 2016 and is set to be released in 2019.

Even though he has lived in the United States since he was a child, henever obtained American citizenship, and immigrants can be deported if they are convicted of “a crime of moral turpitude” or an “aggravated felony,” according to U.S. law.

His wifeTeresa Giudice, whoserved a little over 11 monthsin prison forthe same crimesand was released on Dec. 23, 2015, recently opened up to PEOPLE about the strain Joe’s imprisonment has put on their marriage.

Alo Ceballos/GC Images

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“Of course I’mvery angry,” she said. “I wish my husband would have crossed every T, dotted every I. There was also another person involved and nothing happened to that person, which is very sad. There’s a lot of scenarios. I lost my mom. I’m angry about that. You know? I lost time with my mom, because I was away. There’s a lot. I lost time with my daughters while I was away. Children need their mom.”

“He left when Adriana was 6. She’s 9 now. Yeah. It’s two and a half years. I mean, it’s going to be three years,” she added. “He’s lost three years with his children.”

Page Sixfirst reported the news of Joe’s appeal.

source: people.com