The family of Irishman Keith Byrne, who is detained by immigration officials in the United States, say he has signed papers agreeing to leave the country.
He has been in detention in Philadelphia after being arrested by immigration officials last week.
The 37-year-old faced prison if he did not sign the documentation.
The US Immigration and Customs Enforcement said that Mr Byrne was arrested for immigration violations and issued him with a visa-waiver removal order.
The Cork native travelled to the US on a visa-waiver programme in 2007, however, he overstayed his visa.
During his time in the US, the father of three established his own painting business in Philadelphia.
He married American woman Keren Bryne but attempts over the past 12 years to obtain a Green Card have been turned down, due to a previous conviction in Ireland for minor drugs possession charges.
According to court documents in the US from 2015, Mr Byrne's application for a visa was denied because he was arrested twice in Ireland for marijuana possession for which, on both occasions, he paid a fine.
He is currently being held at Pike County Correctional facility in Pennsylvania.