“he has rights.”
Uh, well, I’m not so sure about that
I married my wife in 2018. She came here from Vietnam on a J-1 visa in 2016. We knew at the time that she would be required to return to Vietnam for 2 years after her (by then, an F-1) visa expired in 2024. But my health got worse over the years and we applied for a “hardship waiver” in 2022. In July 2024 the DOS denied our appeal. Two weeks later my wife was forced to leave me. We are appealing this.
Even worse, our I-130 process is taking more than a year. A month ago I suffered a fractured tib-fib and requested expedited I-130 processing. (I live alone with no other family.) Again, my request was denied.
Say what you will about illegals - but even us folks who try to do things legally are hurt badly by our immigration system.
Sure he does.
He has the right to go back to his home country, and do it correctly.
He has the right to leave the US and apply for legal immigration.
He has rights in his homeland, hopefully his departure will be expedited so he can begin to exercise them.