Lawyer for Indian diplomat seeks delay in visa fraud case

NEW YORK (Reuters) – A lawyer for Indian diplomat Devyani Khobragade is seeking to postpone proceedings in a visa fraud case that has created tensions between the United States and India, citing the need to continue “meaningful discussions” with the prosecution.

In a letter to a federal magistrate judge in New York, Khobragade’s lawyer requested an extension of the time by which the US government must file an indictment or commence a preliminary hearing.

The lawyer, Daniel Arshack, confirmed he filed the letter in court but would not comment about a possible resolution of the case. Khobragade, who was deputy consul-general in New York, was arrested on Dec. 12 and charged with one count of visa fraud and one count of making false statements about how much she paid her housekeeper.

The case was adjourned until January 13 by which the government must commence a preliminary hearing or file an indictment. Arshack asked US Magistrate Judge Sarah Netburn to extend the deadline by 30 days to February 12. “Significant communications have been had between the prosecution and the defense and amongst other government officials and it is our strong view that the pressure of the impending deadline is counterproductive to continued communications,” Arshack wrote.

A spokesman for Preet Bharara, the US attorney in Manhattan, whose office is handling the case, did not immediately respond to a request for comment.

Khobragade’s arrest enraged India, which is demanding that all charges be dropped against her. On the day of her arrest, she was strip searched. The arresting authority, the US Marshals Service, said the strip search was a routine procedure imposed on any new arrestee at the federal courthouse. Khobragade was released on $250,000 bail.

In the aftermath of her arrest, India requested to transfer Khobragade to the United Nations.