Sponsoring a 23 year old brother who is single

[Bunnyta]

Hello everybody!
I recently found this amazing site and so far it has been really helpful. However, I have not been able to find the answer to my questions yet. I really hope somebody is able to help me out.
This is my situation.
I am a US citizen and I would like to sponsor my brother. He is 23 years old and single. He also does have a B2 visa and has come and stay with us a couple of times and always gone back home within his authorized stay. I am thinking he could come to the US with his tourist visa and go to school to take some English courses (less than 18 hours p/week), in the meantime:

1. Could I file the I-130 and I-485 while his I-94 is not expired?
2. Would he have to leave before the 6 months expired? (in the case he is given 6 months to stay here with his tourist visa)
3. Would he be considered illegal if he stays anyway beyond his authorized stay even when his application is in process?
4. Would he get penalized somehow or sent back to his country when his application is reviewed in 11 years?

Any help would be highly appreciated!
Thank you so much for taking the time to read this thread!

 

[TheRealCanadian]

Could I file the I-130 and I-485 while his I-94 is not expired?

The I-130, yes. But the I-485 needs to wait until his priority date becomes current, which for FB4 is around 10-15 years.

Would he have to leave before the 6 months expired? (in the case he is given 6 months to stay here with his tourist visa)

Yes.

Would he be considered illegal if he stays anyway beyond his authorized stay even when his application is in process?

Yes.

Would he get penalized somehow or sent back to his country when his application is reviewed in 11 years?

I cannot speak to the law in 2019, but under current law he would be ineligible to adjust status, and would need to do a consular visa. If he overstayed by over 365 days he'd be subject to the 10-year re-entry bar, and not be able to immigrate until he has been out of the US for 10 years.

Bottom line, your brother cannot live with you.