How rich is your friend's dad?
I know a similar case in Texas, he was from Bangladesh. The government doesn't really care about these situation cause they get tons of cases, and frankly they could care less.
What their family did was invest 1 million dollar (purchased a 24/7 grocery store) and hired 5 people, and applied for a business visa.
If your friend's dad is willing to invest equal or upwards of 1 million dollar and make jobs in American soil, they can easily switch visas, and stay legally. The American Government actually encourages such businesses.
This was five years ago, now they have purchased 3 more grocery stores, and making good dough.
I don't know if they can sue, but it'll be just a waste of money even if they'll win the case.