You may file an I-130 for your brother. Unfortunately, he will need to wait a long time before he will be eligible to apply for permanent resident status. It's impossible to say how long, but currently the best guess would be 10 years or more. There could be changes to immigration laws that could change the situation, but we don't know if there will be any changes and, if so, what they will be. Your brother's children might be out of luck on your brother's application, but perhaps they might find some other way to gain permission to come to the United States, if they wish to do so.
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Niece? Maybe, but unlikely.
The process will take over ten years. Whether the niece can immigrate will depend on what her age is at the time the priority date becomes current after the application of the CSPA calculation.
J Charles Ferrari
Eng & Nishimura
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You can apply for brother and his minor children (will be included in the application). However, it will take them a very long time to get green cards.
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