can my brother petition me??

Your brother can petition for you, but there are two obstacles. The first is that the application would take approximately 13 years before the priority date became current and the second is that you would not be eligible for adjustment of status under current law unless you have the benefit of section 245 (i) under which you would have had to be the beneficiary of a visa petition or labor certification application filed by April 30, 2001 and been present in the US on December 21, 2000. Of course, much can happen in 13 years including many changes of law.  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.