Former Finance Minister Ken Ofori-Atta might actually get to stay in the United States despite being detained by Immigration and Customs Enforcement (ICE), a US immigration lawyer has said.

Mr Ofori-Atta’s detention comes amid questions over his legal status in the country, but his lawyers confirm he is fully cooperating with ICE while working to resolve the matter.

The former minister has a pending petition for adjustment of status, a process that allows individuals to remain legally in the US beyond their initial visa.

Evans Mensah asked Jonelle Ocloo, a US immigration lawyer, whether Ofori-Atta could be among the rare few who are arrested but still allowed to stay.

She said, “You say, based on everything else you are reading and hearing and your experience, Ken Ofori-Atta could be part of the 0.6% who may actually be arrested and get to stay in the US certainly.”

Ms Ocloo explained how this could play out. She noted that Ofori-Atta has an immigration hearing scheduled for next week.

“Once again, given the legal team that Mister Ofori-Atta has, it is quite likely, I’m sure, that they could file a number of things.

"For example, they could file a writ of habeas corpus with the US Federal Courts, basically stating that their client is being unjustly held,” she said.

Even before the hearing, Ms Ocloo said his lawyers could request his release on bond, provided they demonstrate that he is not a flight risk.

“It seems that’s the case, because it’s the opposite, right? He’s not trying to leave the US. He wants to stay in the US,” she said.

If granted, release on parole could include conditions such as electronic monitoring or curfews.

“One thing is clear, which you’ve said, is that Mr Ofori-Atta is a person of means. Given the legal team that he has, they will find ways for him not to have to be deported,” Ocloo added.

The FBI's involvement, she noted, suggests that the case is more than a simple visa-overstay issue.

Mr Ofori-Atta’s legal team has said the former minister is cooperating fully and is seeking a resolution that allows him to remain in the US while his petition for adjustment of status is considered.