Yes, you can file for him, but his greencard will take about 18 to 20 years and he cannot be here out of status awaiting it. Your parents may petition for him once they are greencard holders, again it's about 8 years. For your brother I would recommend and urge him to consult with and hire an immigration lawyer to assist him with his case. The lawyer will be able to debrief and brief him, analyze, assess and evaluate his case in order to maximize the possibilities for an alternative and successful result.
Answered on Dec 14th, 2015 at 9:10 AM