The United States then “requested her departure” from the country, the official said.
Authorities say Khobragade claimed to pay her Indian maid $4,500 per month but actually gave her far less than minimum wage. The indictment said Khobragade had made multiple false representations to U.S. authorities, or caused them to be made, to obtain a visa for a personal domestic worker.
Her arrest last month sparked outrage in India after revelations that she was strip-searched and thrown in a cell with other criminal defendants before being released on $250,000 bail.
Khobragade, India’s deputy consul general in New York, has maintained her innocence.
In a letter, prosecutors said there was no need for an arraignment because Khobragade had “very recently” been given diplomatic immunity status; they also mistakenly said she’d already left the United States. But Daniel Arshack, a lawyer for Khobragade, said in a statement soon after that his client was home with her children.
The charges will remain pending until she can be brought to court to face them.