A United States immigration court has approved an application by Ghana’s former Finance Minister, Ken Ofori-Atta, to adjust his immigration status and obtain lawful permanent resident status in the US, according to sources familiar with the proceedings.
The decision was made on Monday after the court considered Mr Ofori-Atta’s Form I-485 application, commonly known as a Green Card application.
However, during the hearing, the judge reportedly raised concerns about aspects of the criminal proceedings initiated against the former minister in Ghana.
Sources told Asaase News that the court examined issues surrounding actions taken by Ghana’s Office of the Special Prosecutor (OSP), including the decision to declare Mr Ofori-Atta a fugitive from justice while he was receiving medical treatment in the United States.
The court also heard that Mr Ofori-Atta’s lawyers had remained in communication with Ghanaian investigators during the period in question.
A witness familiar with international law enforcement procedures and working with Interpol is also said to have raised concerns about aspects of the process followed by Ghanaian authorities.
Mr Ofori-Atta is facing multiple charges in Ghana relating to his time as Finance Minister. He has denied wrongdoing, and some legal experts in Ghana have questioned aspects of the case.
Sources say the US judge questioned whether the circumstances surrounding the Ghanaian proceedings were consistent with an ordinary criminal prosecution.
The ruling, however, does not amount to a finding on whether Mr Ofori-Atta is guilty or innocent of the charges against him in Ghana.
The immigration court’s decision was limited to determining whether he met the legal requirements for adjustment of status under US immigration law and whether the circumstances presented before the court affected his eligibility.
The decision could have implications for future attempts by Ghanaian authorities to secure Mr Ofori-Atta’s return to Ghana to face trial.
What is an I-485 application?
Form I-485, known as the Application to Register Permanent Residence or Adjust Status, allows eligible individuals already in the United States to apply for lawful permanent residence, commonly referred to as a Green Card.
An approved application grants the holder the right to live and work permanently in the United States and may provide a pathway to citizenship if other legal requirements are later met.
In Mr Ofori-Atta’s case, the application was reportedly based on sponsorship by his adult son, who is a US citizen.
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