https://www.uscis.gov/sites/default/files/document/memos/2018-08-09-PM-602-1060.1-Accrual-of-Unlawful-Presence-and-F-J-and-M-Nonimmigrants.pdf?utm_source=chatgpt.com
F, J, and M nonimmigrants do not begin accruing unlawful presence until the date after USCIS, an immigration judge, or the Board of Immigration Appeals (BIA) formally determines that the nonimmigrant has violated his or her status.
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This means that F-1 students (as well as J and M visa holders) do not accrue unlawful presence merely due to a violation of status until a formal finding is made by one of the above authorities.
Based on this info, I don't think the State Department is one of the parties responsible to make this finding (I could be wrong). Your brother could be in luck. Let us know how it goes. I replied to a similar post with same info on VJ or some other place, and I recollect the fellow received the visa without any findings. Good luck.