Anna Delvey tells how her participation in Dancing with the stars was created.

After the cast of the 33rd season of the dance show was announced, Good morning AmericaThe convicted fraudster, 33, told PEOPLE exclusively how she was given permission to compete for the mirrorball trophy despite being under house arrest.

Delvey, whose real name is Anna Sorkin, rose to notoriety for posing as a wealthy German heiress and using her social status to defraud wealthy people, banks and hotels. She was arrested in 2017 and convicted in 2019 of first-, second- and third-degree grand larceny and theft of services.

Her sentence included four to 12 years in prison – but that was reduced when she was released for good behavior in February 2021. Shortly after her release, Delvey was taken into custody by ICE for violating the terms of her visa. She has been living under house arrest in New York City since then while she fights her deportation case.

“So, (DWTS) approached my team and I had to ask ICE for permission to leave the state because they’re filming in Los Angeles and I’m based in New York,” she told PEOPLE of how her involvement came about. “It took them about 10 days to get it through the system and get everything approved.”

“When I got the approval, launch day was really close, so I basically flew to LA the next day and just thought, why not?” Delvey recalls.

When asked if she expected backlash over her controversial casting, Devley said: “It’s just not that serious. If someone is that upset about being cast in a dance show, I don’t know what to say to them.”

Together with her partner Ezra Sosa, Delvey will compete at Dancing with the stars on the condition that she continues to wear her ankle bracelet. She said The Hollywood Reporter that their device would not affect their performance.

“How would it affect my performance? It’s actually pretty easy,” she said.

On September 4 Good morning America announced additional cast members who will join Delvey this season. Celebrity contestants include: Phaedra Parks, Eric Roberts, Tori Spelling, Dwight Howard, Brooks Nader, Joey Graziadei, Jenn Tran, Chandler Kinney, Stephen Nedoroscik, Reginald VelJohnson and more.

Never miss a story — sign up for PEOPLE’s free daily newsletter to stay up-to-date on the best of what PEOPLE has to offer, from celebrity news to compelling human interest stories.

Dancing with the stars is produced in front of a live audience by BBC Studios Los Angeles Productions. Season 33 premieres Tuesday, September 17 at 8 p.m. ET on ABC and Disney+, with episodes streaming on Hulu the next day.