Is it too late to file I-485?

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Good evening!

I've posted here before, but after reading some other threads online I have mixed feelings. A little background on myself:

I'm a daughter of an Ethiopian-born U.S. citizen father and an Ethiopian citizen mother. I was born in Eritrea, but am a citizen of Ethiopia. My mother and I entered into the U.S. in 1998 on K1 and K2 visas, respectively. However, both of our visas have expired, and it has been close to 20 years since we began residing in the United States. I am currently 22, and I'm aware that past the "immediate relative" age. I live in California, am a full-time student, and have not worked illegally. Is it safe for me to file for AOS? My father is paranoid, considering the new administrations actions against DACA and travel bans. I would be lying if I said I wasn't worried myself. If I've left off any important information please let me know, I'd be happy to fill in the blanks. Thank you in advance!

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When you say "father", do you mean your step-father, who petitioned your mother for K1? (Or do you mean your biological father petitioned your mother for K1?)

Did your mother marry your step-father within 90 days of entering on K1?

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When you say "father", do you mean your step-father, who petitioned your mother for K1? (Or do you mean your biological father petitioned your mother for K1?)

Did your mother marry your step-father within 90 days of entering on K1?

He's my biological father, and he petitioned for my mom's K1. And yes, my parents married within the 90 day window.

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He's my biological father, and he petitioned for my mom's K1. And yes, my parents married within the 90 day window.

Was your father a US citizen when you were born? If so, and he met the residency requirements when you were born, you could be a US citizen if he took certain steps before you turned 18. But this is moot now because since you were born out of wedlock, if he didn't take certain steps before you turned 18, then you don't get US citizenship.

Since you entered on K2, and you were unmarried and under 21 at the time you entered, and your K1 parent married the petitioner within 90 days of entry, you are eligible for Adjustment of Status, and you can file I-485 now. It doesn't matter that you're now over 21.

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Was your father a US citizen when you were born? If so, and he met the residency requirements when you were born, you could be a US citizen if he took certain steps before you turned 18. But this is moot now because since you were born out of wedlock, if he didn't take certain steps before you turned 18, then you don't get US citizenship.

Since you entered on K2, and you were unmarried and under 21 at the time you entered, and your K1 parent married the petitioner within 90 days of entry, you are eligible for Adjustment of Status, and you can file I-485 now. It doesn't matter that you're now over 21.

Yes, my dad was naturalized before I was born. If I were to file AOS, would I need to travel out to the U.S. embassy in Ethiopia for an interview? I've read elsewhere that those that aren't "immediate relatives" would be required to do so.

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Yes, my dad was naturalized before I was born. If I were to file AOS, would I need to travel out to the U.S. embassy in Ethiopia for an interview? I've read elsewhere that those that aren't "immediate relatives" would be required to do so.

No, that would be Consular Processing. Adjustment of Status means it's in the US, and you should NOT travel out of the US during the process.