Keith Byrne was arrested by Immigration and Customs Enforcement ICE officers in America on Wednesday 10 July.
Irish man Keith Byrne is due to be released from detention, pending a hearing, after being arrested on immigration offences three weeks ago.
Byrne was arrested by ICE officers in Philadelphia while he was on the way to work.
According to
RTÉ, his family said a judge ordered his release from a detention centre in Philadelphia yesterday evening.
His sister Melinda says they are "thrilled" and "screamed with joy" at the news.
She acknowledged that the situation is not over but says that she is delighted that he will get a "fair hearing".
Once he has been released, Mr Byrne will have to file his immigration case in a different district of Pennsylvania at a future date.
Byrne has been living in the US for 12 years and runs a painting business over there.
Since marrying his American wife in 2009, they have been in the process of adjusting his status, but have been met with regular refusals.
The most recent refusal came earlier this year but Mrs Byrne said they had "no intention of accepting that".
Byrne was previously convicted in Ireland on a minor drugs possession charge, which Mrs Byrne believes is the reason his applications to remain in the country have been denied.
