You are not forbidden to apply for the residency in the US via asylum and through the petition of your brother. However, the latter might take a long time to process. Nevertheless, the earlier you start, the sooner you will get in-line. If your asylum application is approved, you pass your asylum interview, you will be able to cancel your brother's petition. If you will not pass the asylum interview and are referred for the removal proceedings in the immigration court, it might take from 1 to 3 years to resolve (one way or another) the issue with immigration judge. More depends on your asylum application. You would be better off to discuss your particular situation with an immigration attorney.
Answered on Apr 25th, 2013 at 9:18 PM