You have to accurately complete the Form I-130 petition or it may be denied or if approved, may be revoked if DHS later finds that it should not in fact have been approved. F-4 petitions takes about 12 years to approve and if things are not done properly, the 12 year wait could be for nothing. So, you must disclose all necessary information including the fact of his physical presence in the US. Absent extraordinary circumstances like criminal history or prior removal order, DHS is unlikely to go after your brother because you filed his I-130 petition. But you must also know that an I-130 petition gives no status and for any illegal alien, risk of deportation is always present. Finally, until the immigration reform becomes law, you are bound to work with the law as it exists today.
Answered on Jul 01st, 2013 at 3:55 PM