A United States immigration court has granted former Ghana Finance Minister Ken Ofori-Atta permission to move forward with his application for lawful permanent residency under an I-485 petition, Asaase News has learnt.
The ruling, delivered on Monday, relates to his request to adjust his immigration status while residing in the United States.
Sources familiar with the proceedings say the judge examined the broader circumstances surrounding criminal charges brought against Mr Ofori-Atta in Ghana, including how the case has been handled by local authorities.
The court reportedly reviewed submissions linked to Ghana’s Office of the Special Prosecutor (OSP), particularly its earlier declaration of Mr Ofori-Atta as a fugitive from justice while he was said to be receiving medical care in the United States and maintaining communication through his legal team in Ghana.
An Interpol-affiliated witness, familiar with cross-border law enforcement procedures, is also said to have raised questions about aspects of the process adopted in the Ghanaian investigation.
Mr Ofori-Atta is currently facing multiple charges in Ghana arising from his tenure as Finance Minister, although parts of the case have attracted debate among legal observers.
According to individuals familiar with the hearing, the US court questioned whether the circumstances presented by Ghanaian authorities aligned with standard criminal prosecution procedures.
The judge, however, stressed that the decision before the court was strictly an immigration matter and not a ruling on the substance of the allegations in Ghana.
The immigration court’s focus, according to sources, was whether Mr Ofori-Atta met the legal requirements to remain in the United States while his residency application is processed.
The development is expected to draw further attention in Ghana as legal and diplomatic implications around his return continue to unfold.
Under US immigration law, Form I-485 allows individuals already in the country to apply for permanent residency without leaving the United States.
The application is reportedly being pursued through sponsorship by his adult son, who is a US citizen.
If ultimately approved, the status would allow Mr Ofori-Atta to live and work permanently in the United States, with eligibility for citizenship subject to future legal requirements.
