A mother of three young children reported to be the first U.S. female war deserter seeking asylum in Canada has been granted leave to appeal her deportation order.

The Federal Court decided on Tuesday to hear Kimberly Rivera's appeal on July 8, meaning the former soldier will be able to stay in Canada for at least another three months.

Rivera moved to Toronto from Texas in early 2007 with her husband and two children after refusing redeployment to Iraq. In late November, she gave birth to a third child in Canada.

She had served in Iraq in 2006 as a gate guard at a forward operating base, according to the War Resisters Support Campaign. The advocacy group said Rivera is the first U.S. female war deserter to come to Canada.

In January, the Immigration and Refugee Board ordered her and her family to leave the country or face deportation. She was granted an emergency stay of the order last month.