A United States immigration court has granted an application by former Finance Minister Ken Ofori-Atta to adjust his immigration status, paving the way for him to obtain lawful permanent residence in the US despite ongoing criminal proceedings against him in Ghana.
The decision followed a hearing on Monday in which the court examined Ofori-Atta’s Form I-485 application and heard arguments relating to the legal circumstances surrounding efforts by Ghanaian authorities to prosecute him. Sources familiar with the proceedings said the judge raised questions about aspects of the case, including actions taken by Ghana’s Office of the Special Prosecutor (OSP).
According to sources, the court considered evidence relating to the OSP’s earlier decision to declare Ofori-Atta a fugitive from justice while he was reportedly undergoing medical treatment in the United States and while his legal representatives remained in contact with investigators in Ghana.
A witness said to be familiar with Interpol procedures and international law enforcement practices reportedly criticised elements of the process adopted by the Ghanaian authorities.
Ofori-Atta is facing multiple charges in Ghana linked to his tenure as Finance Minister, although some legal experts have questioned the basis of the case.
Sources said the judge scrutinised whether the totality of the circumstances surrounding the prosecution reflected a straightforward criminal matter.
The ruling, however, was made within the context of a US immigration proceeding and does not amount to a determination of Ofori-Atta’s guilt or innocence regarding the charges pending against him in Ghana.
Those issues remain subject to Ghana’s judicial processes and the jurisdiction of the Ghanaian courts.
Instead, the court focused on whether Ofori-Atta met the legal requirements for adjustment of status under US immigration law and whether the circumstances presented before it raised concerns relevant to that application.
The decision is nevertheless expected to have implications for any future attempts by Ghanaian authorities to secure Ofori-Atta’s return to face prosecution.
What is an I-485 petition?
Form I-485, officially known as the Application to Register Permanent Residence or Adjust Status, allows individuals already residing in the United States to apply for lawful permanent resident status, commonly referred to as a Green Card.
Unlike many immigration processes that require applicants to leave the country and apply from abroad, an approved I-485 permits an individual to obtain permanent residency while remaining in the United States.
Sources say Ofori-Atta’s application was based on sponsorship by his adult son, a US citizen.
Approval of the application grants permanent resident status, enabling the holder to live and work indefinitely in the United States and potentially qualify for US citizenship in the future if statutory requirements are met.
