Assuming your brother has a hold, he will be transferred to immigration detention. At that point, assuming he is not subject to mandatory detention, he can try to get bond and fight his case from the outside.
It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you....
The I-130 will not take into account legal status or criminal history. Rather, it shows that you are a US Citizen, that the relationship exists and that she is over 21. It is when it becomes current that all of the issues of status and criminal history come into play.
Yes, you would qualify assuming the job position required the use of the Master's Degree. However, keep in mind that since you are from India, there is a significant backlog.
Brian D. Lerner
Attorney at Law
Based upon your information, you should be able to properly apply for adjustment under 245(i). If you entered the U.S. legally and then married a U.S. Citizen, you would not need 245(i) to adjust.