Irishman Keith Byrne faces a spell in federal prison if he doesn't agree to leave the United States today.
He married an American woman in 2009 after overstaying his visa, but failed in his attempts to have regularise his status.
Byrne was arrested by immigration agents last week in Pennysylvania.
He's been given the choice of signing a passport application and leaving, or staying in detention up to a year while he waits to appeal his case.
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Mr Byrne's father Jim told Newstalk that he's not surprised the government here has refused to intervene.
Keith's wife Keren told Drivetime on RTÉ Radio yesterday described the ordeal as the "worst thing imaginable".
"We never considered that they would ever take him," she said.
