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Teresa's Nightmare: Joe Flagged For Deportation!

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Jun. 20 2017, Updated 10:07 a.m. ET

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Joe Giudice could be out of prison as early as March 2019, but RadarOnline.com has learned that his nightmare might not be over then! According to an insider, the U.S. Department of Homeland Security has already flagged him for deportation!

Joe, who is currently serving a 41-month prison sentence on federal fraud charges, is an Italian citizen and never got his American citizenry.

Now, after his legal issues, a source at Immigrations and Customs Enforcement told Radar there is "a detainer on him."

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Said the source, "We have every intent to deport him.”

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."

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"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.

The Real Housewives of New Jersey stars’ legal woes began years ago. First Joe was arrested for DUI in 2010. In a bungled effort to avoid driving with a suspended license, he went to the DMV posing as his brother Pietro, and wound up getting caught for identity fraud in 2011. The judge that heard his identity fraud case at the time called his deportation a “virtual certainty.” Joe copped a plea in that case and the Judge allowed him to serve his time concurrent with the federal fraud charges he’s serving right now.

Meanwhile the Giudices filed for bankruptcy in 2009, which sparked Teresa and Joe's 39-count federal indictment and respective prison sentences.

A lawyer for the Giudices' did not immediately respond to Radar's request for comment.

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