I recently married my US citizen husband and was wondering if I''m eligible to apply for a green card?

Section 245(i) in its earlier and still effective iteration allows most undocumented individuals who have filed immigrant visa petitions or labor certification applications by January 14, 1998, to pay a fine amount (currently $1,000) to adjust status to permanent residence in the U.S. without leaving. A dependent who is listed on the visa petition of a parent in 1997 would generally be eligible for the benefits of Section 245(i). An exception would be if your mother was being petitioned for in 1997 as an immediate relative (such as by a U.S. citizen spouse or by a U.S. citizen son or daughter over the age of 21). In that situation, grandfathering would not apply since the immediate relative category does not allow dependent members. Otherwise if you came to the U.S. without inspection when 3 months old and were listed on an I-130 relative petition for your mother in 1997, you would be eligible to adjust status under section 245(i) as long as you have the proof of your mother's petition filing. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.