The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled in an order published Wednesday that Giudice can stay in the U.S. as his appeal progresses.
Giudice and his wife, Teresa, pleaded guilty in 2014 to financial fraud. Teresa Giudice served her sentence first and was released in December 2015.
A judge ruled in October that Joe Giudice would be deported to his native Italy upon completion of his prison sentence.
A group of more than two dozen former immigration judges had filed a brief in support of his appeal. The court is expected to issue a decision within a few months.
Giudice has said he came to the U.S. as an infant and wasn't aware he wasn't an American citizen.
The father of four told us he was "extremely disappointed" after his deportation appeal was denied in April.
“We are extremely disappointed that the Board Of Immigration Appeals has denied Mr. Giudice’s appeal," the Giudice family's attorney, James J. Leonard, told Fox News in a statement at the time.
The Associated Press contributed to this report.