Legal Question in Immigration Law in Florida

Unfortunately, no. The backlog for a sibling petition is 12+ years (depending on what country he is from) & he could not adjust status once his B-2 visa expired. You should file the I-130 now, however, it's going to be a long time before your brother can move to the U.S. He might want to consider employment based options for non-immigrant or immigrant visas, however, he would really need an in-depth case analysis by an immigration attorney.

Prior counsel is correct. It's important to understand that sibling petitions have annual quotas. Once that yearly quota is met, all the remaining applications are rolled over to the next year. Over the years this has created the backlog which prior counsel indicates. You didn't do anything wrong, you're just getting in a long line. If your brother is 35, you may want to explore the employment based visa path for him. He'll need to have a job anyway to support his family so it makes sense. Depending on his level of education and country of chargeability, you may be able to get him here by the end of next year.

Hello - please call me at (212) 968-8600. Kind regards, RDM