Irishman Keith Byrne, who was detained in the US over immigration offences last month, will launch a fresh bid to stay in the country next month.
He and his lawyers have been given a deadline of 13 September to make their submission to US Citizenship and Immigration Services.
Mr Byrne, who is originally from Fermoy in Co Cork, was arrested in July by immigration officers while he was on his way to work in Philadelphia.
He was held in detention for two weeks awaiting deportation back to Ireland.
A judge in Pennsylvania ordered Mr Byrne's temporary release for a period of 30 days to allow him time to launch a legal challenge against his deportation.
That 30-day reprieve is due to end in the coming days, but his lawyers say they have received assurances from the Immigration and Customs Enforcement Agency that Mr Byrne will not be re-arrested while they prepare this new review of his case.
Mr Byrne entered the US in 2007 but overstayed his 90-day visa waiver. He subsequently got married to his wife Keren in 2009.
She is American and the couple have three children. However Mr Byrne's attempts to obtain a Green Card have failed due to two drug possession charges in Ireland.
Mr Byrne's lawyer Thomas Griffin told RTÉ News that he believes the public outcry and media attention surrounding the case helped them to convince the immigration authorities that a review of the decision-making process was warranted.
"Keith and his family are delighted that we do not need to rely on the courts to ensure this case gets a fair second look," Mr Griffin said.
Mr Byrne told RTÉ News: "We just hope that everything works out in the end as all we want is to continue to live in this great country we call home."