More bad news for Real Housewives of New Jersey star Joe Giudice. He will not be allowed back in the country to visit his family if he voluntarily goes back to Italy.

Giudice filed a "lift stay" on September 24, asking a judge to allow him to go to Italy during his ongoing legal proceedings, according to federal court records obtained by Radar Online.

He has been sitting in ICE custody since his release in March, and according to reports, the conditions of the facility are grim. He was hoping to return to Italy while his legal issues get resolved, but if Joe wants to ever step foot back on U.S. soil, he will have to stay and win his appeal.

"Given the hardship to Mr. Giudice and his family from his continued detention, the balance of irreparable harm has shifted and the Petitioner has asked that the stay be lifted so that he could be released from USICE custody and return to Italy during the pendency of this case," Joe's lawyer Thomas Moseley stated in the court documents.

But because of Giudice's criminal history - he will likely receive a ban.