My brother in law is here illegally and has filed to become legal. He used a fake SSN to file for unemployment.

There are a lot of unknown facts. We don't know whether your brother in law knew that he had a fake social security card. His actions suggest otherwise. We don't know if, how, or when your brother in law entered the U.S. Did he enter the U.S. with or without a visa? We don't know if anyone filed for him or his parents by April 30, 2001. We don't know if his wife is a U.S. Citizen. These facts are crucial.

The fact that he is married and has a four year old son 'may' not make a difference, even if that son is a U.S. Citizen. Our Immigration laws create very limited forms of relief. A potential applicant or someone who lives in the U.S. as a permanent resident or without status should know the risks. Each foreigner may face different risks and have different opportunities depending upon the facts.

The fact that a person marries a U.S. Citizen is not enough for a person to process in the U.S. If a person leaves the U.S. without finding out his immigration options, then he or she can cause a more serious problem and may not be able to maintain a marriage. Therefore, most experienced attorneys will recommend that you schedule an appointment with an experienced immigration and visa attorney.

In addition, the Federal Government, not the States, are responsible for immigration matters. A State of Illinois Employee threatens to call the DHS, but it lacks the authority to take further action. More information that the State Official may not have collected can result in a decision not to go forward. A DHS Investigator has priorities, but must be confident that he has enough information to justify an arrest. Often inexperienced State Officials are clueless on what DHS needs to take action.

The above is general information not meant to be legal advice. The above reply does not create an attorney-client relationship.