A United States immigration court has granted the I-485 petition filed by Ghana’s former Finance Minister, Ken Ofori-Atta, allowing him to proceed with obtaining lawful permanent resident status in the United States, Asaase News has learnt.
The matter was heard on Monday, 15 June 2026, where the court considered Mr Ofori-Atta’s application for adjustment of status.
A statement issues by lawyers of Mr Ofori-Atta, Minkah-Premo, Osei-Bonsu, Bruce-Cathline & Partners (MPOBB) and signed by Justice Kusi-Minkah Premo, on Tuesday, 16 June 2026, confirmed the court hearing in the US and the decision of the court.
“Ken Ofori-Atta’s Green card I-485 petition has been granted by US immigration Court. The court heard evidence relating to actions taken by Ghana’s Office of the Special Prosecutor, including the OSP’s earlier decision to declare Mr Ofori- Atta a fugitive from justice at a time when he was reportedly undergoing medical treatment in the United States and while his lawyers remained in communication with investigators in Ghana.
“The Court finds the criminal charges in Ghana not credible. However, the court’s ruling was made within the context of a United States immigration proceedings. The court’s decision was focused or whether Mr Ofori-Atta met the legal requirements for adjustment of status,” the statement read.
The court reportedly heard evidence relating to actions taken by Ghana’s Office of the Special Prosecutor, including the OSP’s earlier decision to declare Mr Ofori-Atta a fugitive from justice at a time when he was reportedly undergoing medical treatment in the United States and while his lawyers remained in communication with investigators in Ghana.
A witness, working with Interpol, and familiar with international law enforcement procedures is also said to have criticised aspects of the process adopted by the Ghanaian authorities.
Mr Ofori-Atta is facing charges in Ghana on multiple counts linked to his tenure as Finance Minister. Charges whose veracity has been questioned by legal experts in Ghanan.
Sources say the US judge questioned elements of the Ghanaian case and whether the totality of the circumstances was consistent with a straightforward criminal prosecution.
However, the court’s ruling was made within the context of a United States immigration proceeding and did not amount to a determination of Mr Ofori-Atta’s guilt or innocence regarding the charges he faces in Ghana.
Those matters remain subject to Ghana’s judicial processes and the jurisdiction of the Ghanaian courts.
The court’s decision was instead focused on whether Mr Ofori-Atta met the legal requirements for adjustment of status under U.S. immigration law and whether the circumstances presented before the court raised concerns relevant to that application.
The ruling is nevertheless expected to have implications for any future efforts by Ghanaian authorities to secure Mr Ofori-Atta’s return to face the charges.
What is an I-485 petition?
Form I-485, officially known as the Application to Register Permanent Residence or Adjust Status, is the process through which a person already living in the United States applies to become a lawful permanent resident, commonly known as a Green Card holder.
Unlike many immigration applications that require a person to leave the United States and apply from abroad, an approved I-485 allows the applicant to adjust their status from within the country.
In Mr Ofori-Atta’s case, the petition was reportedly based on sponsorship by his adult son, who is a United States citizen.
Approval of an I-485 application grants permanent resident status, allowing the holder to live and work indefinitely in the United States while also providing a potential pathway to U.S. citizenship in the future should the individual meet the statutory requirements.
Ken Ofori-Atta, On 7 April 2026, was released from ICE detention pursuant to judicial order. He had been in the custody of Immigration and Customs Enforcement (ICE) in the United States of America following an immigration hearing held on Tuesday, 20 January 2026.
The hearing was conducted in private at the request of Mr Ofori-Atta’s legal team, who applied for bail on his behalf. The state opposed the application, arguing that bail should be refused because Ghana has submitted an extradition request for the former finance minister.
Judge David A Gardey adjourned the US Immigration case against Kenneth Nana Yaw Ofori-Atta to 1 pm on Thursday 27 April, but the government has been given until 19 February 2026 to provide evidence of the extradition proceedings.
The presiding judge declined to rule on the extradition argument at this stage, noting that no documentary evidence had been placed before the tribunal to substantiate the claim that Ofori-Atta is currently the subject of extradition proceedings.
In his ruling, the judge directed the federal government to produce evidence of any such extradition application on or before 19 February 2026.
The tribunal will reconvene at the end of that period to hear the bail application alongside any documentation the government may file and will then deliver a substantive ruling. Until then, Ken Ofori-Atta will remain in ICE detention.
Detained
The Immigration and Customs Enforcement (ICE) in the United States of America (USA) detained the former finance minister on 6 January 2026. Lawyers for Ofori-Atta in Ghana, Minkah-Premo, Osei-Bonsu, Bruce-Cathline & Partners (MPOBB), made the announcement in a public notice.
The public notice from MPOBB, issued on 7 January and signed by Justice Kusi-Minkah Premo, Esq, noted that the detention resulted from challenges regarding the status of Ken Ofori-Atta’s continued stay in the United States.
“The United States Immigration and Customs Enforcement (ICE), as of [6 January 2026], detained the former Minister for Finance, Mr Ken Ofori-Atta, regarding the status of his current stay in the United States. His US legal team is in contact with ICE and expects the matter to be resolved expeditiously.
“Mr Ofori-Atta has a pending petition for adjustment of status, which authorises a person to stay in the US legally past the period of validity of their visa. Under US law, a change of status by this method is common,” the public notice by MPOBB said.
“The public is, therefore, advised to note that he is a law-abiding person and is fully cooperating with ICE to have this issue resolved. His legal team is in contact with ICE and working to resolve the matter as expeditiously as possible,” the notice from Ofori-Atta’s lawyers further said.
According to the official website of the US Department of Homeland Security, Ofori-Atta is in ICE custody at the Caroline Detention Facility located at 11093 SW Lewis Memorial Drive, Bowling Green, VA 22427.
Health issues
Ken Ofori-Atta has been in the United States since January 2025 for medical treatment. He had surgery in the US following a diagnosis of prostate cancer.
The procedure, a radical prostatectomy, took place on 13 June 2025 at the Mayo Clinic in Rochester, Minnesota. Medical sources described the surgery as a crucial step after recent tests revealed signs of the cancer’s progression.
Doctors reportedly confirmed the diagnosis in March 2025 after MRI scans and a biopsy detected an increased spread of cancer cells.
Ofori-Atta had been receiving treatment and undergoing monitoring in the US for several weeks before the operation, sources close to the family said.
He had also been managing post-COVID multi-system inflammatory response syndrome, initially diagnosed in February 2021 – a condition that has required constant medical oversight.
Ofori-Atta served as Ghana’s finance minister from 2017 to 2023, playing a key role in the country’s economic management during a turbulent period that included the COVID-19 pandemic and negotiations with the International Monetary Fund.
In November 2025, the Office of the Special Prosecutor charged him and others with corruption and corruption-related offences. The trial is at the case management conference stage.
