A federal appeals court says a Jamaican immigrant whose American husband died in the 2003 Staten Island ferry crash can't stay in the United States.

The 3rd U.S. Circuit Court of Appeals in Philadelphia says Osserritta Robinson was no longer eligible for a green card because the Mahwah, N.J., resident had been married less than two years.

The Justice Department had argued the two-year rule was designed to prevent sham marriages.

Robinson's attorney, Jeffrey Feinbloom, says his client is very upset. Feinbloom says he'll ask the entire court of 21 judges to rehear the case and turn to the U.S. Supreme Court if that fails.

A district court judge in Newark in 2007 ruled that immigration officials were wrong to terminate Robinson's green card application.