My sponsor husband died

[berrinsinclair]

Hello everyone, my question is regarding my N400 application. I got my greencard in May 2002 and my husband passed away September 2005. I applied for citizenship in September, 2006 by checking the category of "3 years and has been living with the sponsor". I was called for fingerprints in October 2006. An immigration lawyer I talked to later said I will be denied the citizenship at the interview even though I was fingerprinted.I asked her why then they are processing my application and her response was they made a mistake and they will realize it at the interview. I am so devastated because immigration made a mistake before with my permanent residency application and it cost me 3 years. I had to reapply. They never admitted they made a mistake.
Note: I was married to my husband for 11 years and we have a US born child who is 10 now. I do not know if immigration would take that into account.
Thanks.

 

[suriyan]

You are eligible in the "5 years since green card" category. You can tell the IO officer to tick that category. Shouldnt be any problem.
I had a whole bunch of stuff corrected in my application at the time of interview.
If you are eligible in a valid category, you are all fine.

 

[boatbod]

Unless my math is seriously messed up, the 5 year category eligibility doesn't start until Feb 2007 (May 2007 minus 90days). Most likely USCIS hasn't yet figured out your husband is deceased, and is therefore proceeding with the application in the normal manner. They will undoubtedly catch this at interview and probably ask you to withdraw the application. You'll be able to resubmit as soon as you get inside the 90 day window on your 5yr GC anniversary.

 

[berrinsinclair]

Thanks for your reply. With my N400 application, I also sent my husband's death certificate. When I checked the 3 year category, I put a note next to it and stated that "my husband passed away on Sept. 25, 05". There is no way they would miss all this information.
Thanks.