You should contact an immigration attorney. Your I-130 for your father may be denied because he overstayed VWP. As for your brother, an I-130 generally means that he has the intent to reside in the US. However, since it takes over a decade to process a sibling petition, you may be okay.
Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
These questions are more complicated than a simple yes or no. All of the circumstances must be taken into account and you need to know all of the options before you proceed. You need to make a consultation with an attorney.
EXPERIENCED IMMIGRATION ATTORNEYS in UT email: firstname.lastname@example.org and phone: (801) 746-8391. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. We also speak Spanish and French.