First of all, explain whether your parents ENTERED the US lawfully or unlawfully. If they entered lawfully, you will be able to petition for them once you are 21 and they will be eligible to legalize their status within the US. If, however, they entered the US unlawfully, even when you turn 21, under the current immigration laws, your parents will NOT be able to legalize their status within the US. They would have to go back to their home country to consular process but as soon as they leave the US, they will trigger an automatic 10 year bar to reentry to the US because of their unlawful presence in the US and they will not be able to return to the US for 10 years unless they can prove extreme hardship to a US citizen spouse (impossible for them) get a waiver. As for your brother, you do not have to have the same last name but your birth certificate and his must show the same parents to establish that you are brother and sister and then you can petition for him. However, it takes about 10-12 years for a sibling of a US citizen petition to become current so it is still a long wait for your brother.
Answered on May 01st, 2012 at 12:25 PM