However, a source tells ET that once the 46-year-old Real Housewives of New Jersey star leaves prison, he'll have to report immediately to a federal immigration detention center.
"ICE will execute the detainer and Joe will then be transferred out of a federal prison to a federal immigration detention center where he will await either his appeal overturning the deportation order, or a final order from the court ordering his deportation," the source says.
Earlier this week, ET spoke with the Giudices' attorney, James Leonard, and he said the family is "optimistic that once his appeal is heard, he will receive the appropriate relief and will be able to come home and remain there with his family."
"They love him, they support him and they miss him tremendously," Leonard added.
Giudice and his wife, Teresa Giudice, both pleaded guilty to multiple charges of fraud in 2014, and were given consecutive sentences, with the mother of four -- who was sentenced to 15 months in federal prison -- serving her time first.