The United States Immigration and Customs Enforcement (ICE) has disclosed on its official website that former Finance Minister, Kenneth Nana Yaw Ofori-Atta is currently in custody at the Caroline Detention Facility in Virginia. He is scheduled to appear before a US court on Tuesday, January 20, 2026. His legal team in the United States is working to prevent what could be his removal from the country, following his detention over issues related to his immigration status.
In a public statement issued by his Ghanaian lawyers, Minkah-Premo, Osei-Bonsu, Bruce-Cathline and Partners (MPOBB), it was confirmed that Mr. Ofori-Atta has applied for an adjustment of status, with the matter expected to be resolved in due course. In a statement issued last Wednesday evening, the law firm explained that his US legal team was in contact with ICE and expected 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 notice added. MPOBB said Mr Ofori-Atta was law-abiding and was fully cooperating with ICE to have the issue resolved. With his current legal woes, Mr Ofori-Atta now faces a two-fold legal headache in both his country of birth — Ghana and his adopted country — the USA.
There is currently an arrest warrant seeking to bring back the former Minister to Ghana to stand trial for allegedly engaging in corruption with five others, leading to a financial loss of more than GH¢1.4 billion to the state in the Strategic Mobilisation Limited (SML) contract saga. However, lawyers for Mr Ofori-Atta insist that he was not running away from justice, but was in the US to seek urgent medical treatment.
The case was initiated by the Office of the Special Prosecutor (OSP).
The other accused persons in the case are Emmanuel Kofi Nti and Ammishaddai Owusu-Amoah – both former Commissioner-Generals of the Ghana Revenue Authority (GRA), Isaac Crentsil and Kwadwo Damoah — former Commissioners of the Customs Division of the GRA, Ernest Darko Akore — an aide to Ofori-Atta during his tenure as Minister of Finance, Evans Adusei — the Chief Executive Officer (CEO) of SML, and SML itself.
They are facing 78 counts of causing financial loss to the state, using public office for profit, wilful oppression, directly influencing the procurement process to obtain an unfair advantage in the award of procurement, and entering into an agreement with a financial commitment binding the government for more than one financial year without prior authorisation by Parliament.
All five other accused persons have pleaded not guilty to the charges.
It is not clear the visa status Mr Ofori-Atta is on and what status he seeks to adjust to in order to allow him to continue to be in the US.
It is not clear the visa status Mr Ofori-Atta is on and what status he seeks to adjust to in order to allow him to continue to be in the US.
By the immigration laws of the US, a foreigner on a certain visa status can change his visa status without leaving the country.
This procedure, referred to as a Change of Status, enables non-citizens to transition from one temporary (non-immigrant) visa category to another without the need to leave the United States. For example, an individual may switch from an F-1 Student Visa to an H-1B Work Visa, from a B-1/B-2 Tourist Visa to an F-1 Student Visa, or move from a temporary status to permanent residency, commonly known as a Green Card.
It is important to emphasise, however, that eligibility for a Change of Status requires lawful presence in the US, and the application must be submitted before the expiration of the applicant’s current visa status.
Source: Emmanuel Ebo Hawkson
