Am I american?

[Lugia 1]

Hello,
I would like to know my status towards the United States of America as a 23 year old young man, born in France to a French mother and a father with dual citizenship, French and American, but who has never lived on American territory, otherwise he has an American mother, my grandmother who lived there for decades. I was born 2-3 months before my parents wedding but my father legally recognized me within the hour of my birth. I also would like to know about the status of my little brother, who is 20 years old and who has the same things as stated above but who was born after the marriage of our parents.

Thanks for your infomations. 

[SalishSea 16,770]

8 minutes ago, Lugia said:

Hello,
I would like to know my status towards the United States of America as a 23 year old young man, born in France to a French mother and a father with dual citizenship, French and American, but who has never lived on American territory, otherwise he has an American mother, my grandmother who lived there for decades. I was born 2-3 months before my parents wedding but my father legally recognized me within the hour of my birth. I also would like to know about the status of my little brother, who is 20 years old and who has the same things as stated above but who was born after the marriage of our parents.

Thanks for your infomations. 

Unfortunately, you do not qualify to have US citizenship, since your father never lived here.

[Lugia 1]

the presence of my American grandmother for years and years or the fact that my American great-grandfather was a decorated World War II soldier does not change anything?

 

[Rocio0010 5,562]

25 minutes ago, Lugia said:

my American great-grandfather was a decorated World War II soldier does not change anything?

Why would it?

[Lugia 1]

Because my grand mother was american and she lived in America for 20years 

[Mike E 11,723]

32 minutes ago, Lugia said:

Because my grand mother was american and she lived in America for 20years 

Then she and you should have acted 6 years ago when you were age 17 and thus had a chance at expedited naturalization (aka N-600K).  That ship has sailed.  
 

Your father and you should have acted 3 years ago when you were still 21 and thus would have become a citizen had you entered the USA on an immigration visa.  That ship has also sailed.  

[SalishSea 16,770]

5 hours ago, Lugia said:

the presence of my American grandmother for years and years or the fact that my American great-grandfather was a decorated World War II soldier does not change anything?

 

Still no, sorry to say.

[Truth_Seeker 14]

10 hours ago, Lugia said:

the presence of my American grandmother for years and years or the fact that my American great-grandfather was a decorated World War II soldier does not change anything?

 

Nope.  Doesn't change a thing.  

 

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html#:~:text=For birth between December 24,acquire U.S. citizenship at birth.

 

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7)). 

For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of 14.

For birth between December 24, 1952 and November 13, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 10 years prior to the person’s birth, at least five of which were after the age of 14 for the person to acquire U.S. citizenship at birth. In these cases, either the U.S. citizen parent or their alien spouse must have a genetic or gestational connection to the child in order for the U.S. parent to transmit U.S. citizenship to the child.

[jan22 2,898]

15 hours ago, Lugia said:

the presence of my American grandmother for years and years or the fact that my American great-grandfather was a decorated World War II soldier does not change anything?

 

Unlike some countries, the US does not have any provision for automatic acquisition of US citizenship through ancestral history, only through parents.

 

The closest the US comes to this is in a provision of the Child Citizenship Act of 2000.  It provides a direct path to expeditious naturalization -- not direct acquisition of US citizenship at birth -- through a grandparent who meets the physical presence requirement.  It requires an application for a Certificate of Citizenship to USCIS.  Unfortunately, this pathway to US citizenship closes once a child turns 18, so it is not a means for either you or your brother to acquire US citizenship.

 

See https://fam.state.gov/fam/08fam/08fam030110.html#M301_10_5 to confirm the requirements of this provision of the law.

[Gabriel5454 19]

What the other posters have all said sounds correct in your circumstances.  However, if you want to come to the US, your father can still petition you.  The first step would be to file an I-130 petition (one for you, one for your brother).  See, for example: https://www.boundless.com/blog/average-processing-time-unmarried-children-over-21/

Edited August 6, 2022 by Gabriel5454

[Crazy Cat 39,222]

1 hour ago, Gabriel5454 said:

However, if you want to come to the US, your father can still petition you.

The father has never lived in the US.  This would work only if the father re-located to the US.

Edited August 6, 2022 by Crazy Cat

[SalishSea 16,770]

2 hours ago, Gabriel5454 said:

What the other posters have all said sounds correct in your circumstances.  However, if you want to come to the US, your father can still petition you.  The first step would be to file an I-130 petition (one for you, one for your brother).  See, for example: https://www.boundless.com/blog/average-processing-time-unmarried-children-over-21/

As it would be for the purpose of family reunification, the father  would need to move to the US and establish domicile.

Edited August 6, 2022 by Jorgedig

[Gabriel5454 19]

4 minutes ago, Jorgedig said:

As it would be for the purpose of family reunification, the father  would need to move to the US and establish domicile.

 

13 minutes ago, Crazy Cat said:

The father has never lived in the US.  This would work only if the father re-located to the US.

The I-130 can be filed now, with the US citizen sponsor living abroad.  Once a visa becomes available, 3-4 years later, the petitioner will have to show intent to establish domicile in the US in order to qualify as the sponsor for the I-864.  So yes, you are correct that the sponsor must have domicile in the US, but this is not required to file a I-130.  One US embassy explains it very well here and I am sure there is similar information posted on the relevant embassy website.

[Mike E 11,723]

18 hours ago, Gabriel5454 said:

 

The I-130 can be filed now, with the US citizen sponsor living abroad.  Once a visa becomes available, 3-4 years later

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-august-2022.html
 

OP’s category is 

 

“First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.”

 

The current final date for rest of world (RoW) is: 

 

01DEC14

 

The current filing date is 08AUG16

 

Realistically it will be at least 10 years before OP gets an immigration visa. If OP marries, it will be closer to 20 years.