Unfortunately, I am not allowed to tell your brother what he should do. Although I am an attorney, I am not HIS attorney and cannot direct, advise, guide, etc., him what to do. If you read the disclaimer of this service, you will see that this is prohibited by the site.

However in general, a person who is not an immediate relative cannot adjust his status to a green card, even if there is an approved I-130, if he is not in a lawful status in the US. A brother or sister is not considered an immediate relative, and they cannot stay in the US and adjust their status unless they have a valid status. If a person is in overstay, they do not have a valid status.

Also, if a person overstays their visa for at least 6 months, they are subject to a ban from entering the US for at least 3 years.

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