The law firm representing Samoa's Associate Minister says it appears the US State Department is devising a diplomatic solution for the immigration woes facing Hans Joachim Keil.
The firm, Sharma Crawford, says the Department of Justice has deferred its prosecution until a final decision by the Department of State is made.
The law firm says Mr Keil has been requested by the Justice Department to waive speedy trial rights.
It says this allows the matter to remain in abeyance pending the Department of State's investigation.
Sharma-Crawford says should the Department of State find in favor of Mr Keil, it is likely the Justice Department will follow suit.
A number of documents in support of this claim have voluntarily been provided to the State Department for review.
The US Department of Justice has charged Mr Keil of improperly claiming to be a US citizen.