Is there any way that I can be invluded in my parent's petition?

Is your step father a US citizen or a permanent resident (green card)?

Unfortunately, the answer is no. You have to be under 18 years of age at the time of your mother's marriage.

As long as you were under 18 years old, your step parent can prepare and file a step child petition. this should be done right away.

If they married before you turned 18, you would be included as a step-child. However, it sounds as though you were already 18 when they married. Once your mother has her greencard, she can then file for you, but it will be a much slower process.

Unfortunately, you had to be under 18 at the time that your mother married for you to qualify as a step child.

If you entered the country legally, with a visa, then when your mother obtains her green card, she can file an immediate petition for you.

No, you cannot be included because you were over the age of 18 at the time they married. You can be petitioned by a future US citizen spouse so that your unlawful presence time does not impact your ability to adjust status within the US. Any other type of petition will mean that you have to go abroad for consular processing and will trigger the automatic 10 year bar to reentry.

Unfortunately, the answer to your inquiry is a qualified no. I say it is a qualified no because even your brother is ineligible to be considered under your mother's petition. I am assuming that your step-father is a citizen of the US. And assuming that he is a US citizen, he can file an immigrant visa petition (Form I-130) for his spouse and his unmarried children under 21. An unmarried child can include a step child where the qualifying relationship was entered before the child turned 18 and it appears that this is how your brother would be included in the process. However, what you have to keep in mind is that the step-father would be required to file separate petitions for his spouse (your mother) and for his child (your brother). Spouses, parents and unmarried children of US citizens are collectively known as "immediate relatives" under US immigration law. And a foreign national designated as an immediate relative cannot provide derivative visa benefits to a spouse or unmarried child. As dumb as this would sound, if your step-father were are permanent resident, he could file a petition for your mother which would include your brother but would still only include you if the qualifying marriage occurred prior to your 18th birthday. But as a US citizen, no such derivative benefits are available and your step-father will be required to file separate petitions for his spouse and his child. Don't mean to overly confuse this and the answer to your question is that a petition cannot be submitted on your behalf because the qualifying marriage was entered after you turned 18. I wish there were a better response because the situation in which you find yourself is fairly crappy, but that is what the law provides. Be careful out there and do not let anyone talk you into spending your money on applying for benefits for which you are not qualified. If there is any doubt about anything, consult with someone else. in a situation like yours many people looking only to take your money will tell you whatever you want to hear. Don't let that happen and make absolutely sure that anyone who offers any assistance to you adequately explains what is being done and why it is being done.