US court approves Ofori-Atta’s permanent residency application

Former Finance Minister Ken Ofori-Atta has secured a significant legal victory in the United States after an immigration court approved his application to adjust his immigration status, clearing a major hurdle in his quest to obtain lawful permanent residency.

The ruling, delivered on Monday, marks an important development for the former minister, who is simultaneously facing multiple criminal investigations and charges in Ghana related to decisions taken during his tenure at the Ministry of Finance.

The decision followed proceedings in which the court considered Mr. Ofori-Atta's I-485 petition, a critical application used by individuals seeking to adjust their status and become lawful permanent residents of the United States.

According to his legal counsel, Frank Davies, the court examined a range of issues connected to the criminal investigations currently pending against the former finance minister in Ghana before arriving at its decision.

The approval does not automatically grant citizenship but represents a major step toward securing a Green Card and permanent residency status in the United States.

Legal experts note that successful adjustment of status applications often require extensive scrutiny, particularly when applicants are involved in ongoing legal disputes or criminal proceedings in other jurisdictions.

During the hearing, attention reportedly focused on actions taken by Ghana's Office of the Special Prosecutor (OSP) in its pursuit of Mr. Ofori-Atta.

The court was informed that the OSP had previously declared the former minister a fugitive from justice while he was receiving medical treatment in the United States.

According to submissions made before the court, Ofori-Atta's legal team argued that the declaration occurred at a time when his lawyers were still actively engaging with Ghanaian investigators regarding requests for cooperation.

The judge is reported to have raised concerns about certain aspects of the process and circumstances surrounding the declaration.

Evidence was also presented by a witness with expertise in international law enforcement cooperation and Interpol procedures.

The witness reportedly questioned aspects of the process adopted by Ghanaian authorities in seeking international assistance concerning the former minister.

Particular attention was drawn to efforts by the OSP in 2025 to secure an INTERPOL Red Notice after Ofori-Atta allegedly failed to honour multiple invitations for questioning.

The Red Notice was subsequently removed by INTERPOL, a development that has remained a key point of contention between the former minister's legal team and Ghanaian authorities.

Legal analysts say the court's consideration of these matters may have contributed to its assessment of Ofori-Atta's immigration application.

Despite the favourable ruling in the United States, the decision does not affect the criminal investigations and charges currently pending against Ofori-Atta in Ghana.

The former finance minister remains under investigation and faces allegations relating to several high-profile financial transactions undertaken during his time in office.

Among the issues under scrutiny are allegations that a contract awarded to Strategic Mobilisation Limited resulted in financial losses exceeding GH¢1.4 billion to the state.

The Office of the Special Prosecutor has also cited other matters as part of its ongoing investigations into the former minister's conduct while serving in government.

Authorities in Ghana have consistently maintained that the investigations are being conducted in accordance with the law and that the former minister must cooperate with the process.

Although the ruling does not shield Ofori-Atta from prosecution in Ghana, legal observers believe it could have implications for future efforts by Ghanaian authorities to secure his physical return to the country.

Permanent residency status in the United States may provide additional legal avenues for challenging extradition requests or other international legal processes, depending on the circumstances and applicable laws.

However, experts caution that any such issues would require separate legal proceedings and should not be confused with the immigration court's decision.

The substantive criminal matters remain under the jurisdiction of Ghana's courts and will continue to be determined through the country's legal system.

The case continues to attract significant public and political attention in both Ghana and the Ghanaian diaspora.

Supporters of the former minister argue that he has been unfairly targeted, while critics insist that public officials must be held accountable for decisions taken while in office.

With investigations in Ghana ongoing and his immigration status progressing in the United States, Ofori-Atta's legal battles are expected to remain closely watched in the months ahead.

The latest court ruling represents a notable personal victory for the former minister, but it is unlikely to bring an end to the broader legal and political controversies surrounding his tenure as Ghana's Finance Minister.