Legal Question in Immigration Law in California

Re: applying for residence

Yes, if your brother is over 21 and a U.S. citizen, he can sponsor you for immigration and file a visa petition for you. There are additional requirements, such as that he must show that he is able to support you and be able to prove the family relationship. Once your petition is approved, you must obtain a visa number that is based on the preference category into which you fall (sister of a U.S. citizen is in the 4th preference category).

If are already in the United States, and your petition is approved and you get a visa number, you can apply to have your status changed to permanent resident. This would obviate the need for a student visa.

Otherwise, there is no reason why you could not apply for a student visa on your own. Be aware, of course, that there are requirements you must meet, such as proving that sufficient financial support is available from an identified and reliable source, showing that you have been accepted into an educational institution, and showing that you are proficient in the English language.

I would advise that you seek advice from an immigration attorney before proceeding. He/she could help you prevent costly mistakes.