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Devyani Khobragade case: India tightens screws, withdraws privileges for US consular officials

You are talking about the DS-160 which is filed by the applicant and not by the sponsor. But there are additional documents needed like sponsor letter from the employer(or relative if the DS-160 is for a family visit) stating the salary to be offered etc. People who had done the DS-160 would know this and I have done this several times.

And neither you or me know what papers were supplied and by whom, the point however is, IF the maid had filed the DS-160 and signed them on her own, she is responsible for the mistakes in the form, not Devyani. So the first thing to know would be, who's signature is on the paper.

Also the form says:

work...

primary occupation...
present employer
address...
...monthly salary


Present employer is Devyani what if the maid filled these parts as stated by the father and gave not only Devyani name, the address..., but also her monthly salary there? Then the US officials could have mistakenly took this as the salary of the maid as reported now in the news!


You are wrong when you state that the contract is done between the maid and the Indian Government. The Indian Government compensates these diplomats for the maids hired by them.

Not really, that was confirmed by several Indian government officials, the compensation to the diplomats is only a financial regulation, but they are hired from the government to assist in official representation of India, not for the private needs of the diplomat! Government of India has even stated that both held an official passport of the government.

And A3 visa norms dictate that minimum salary is to be offered to the maid as per US labor terms.

And that as I already showed is the crucial point! She was not able to fall under US labor terms, because she was not able work at the US labor market! So not the minimum wage is the issue, but which law really applies to official workers of the GoI including the diplomats!


And I am repeating for the umpteenth time - if you can't pay US minimum wages for the maid, then do not have a maid. Live like other Americans and even Indians living in US do - do your own household work. You are not a elite club here if you can't afford.

That's a nonsense statement, because she can afford it, but will do it like anybody else in India according to Indian laws. Who is judging according his emotions now? :rolleyes:


what rule US broke in having the family moved to US? They are free citizens and they came on their own and flew with proper visa and Indian passports. If there is a case against Sangeetha, she is the accused. Not her father or brothers or husband or anyone. So there is no basis here in your argument.

As I already said, the there is an Indian warrant against the maid and a official investigation, how can the US then move out her relatives from India without consulting the Indian authorities? It's an active case and the US has no jurisdiction nor any right in India, to move out Indians that are involved in an investigation.
 
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And neither you or me know what papers were supplied and by whom, the point however is, IF the maid had filed the DS-160 and signed them on her own, she is responsible for the mistakes in the form, not Devyani. So the first thing to know would be, who's signature is on the paper.

Also the form says:




Present employer is Devyani what if the maid filled these parts as stated by the father and gave not only Devyani name, the address..., but also her monthly salary there? Then the US officials could have mistakenly took this as the salary of the maid as reported now in the news!

Here is a link I came across. The case details filed by the DOJ. The DS-160 form has gone from Devyani's computer and the agent is tying it to Devyani(though my understanding is it should be executed by the applicant). But beyond that, it clearly states there is a first wage contract stating the salary and hours(confirming my understanding there are supporting documents). In fact, the maid was sent back when she went with just the DS-160 application and was asked for other documents which is when the first wage contract was drawn with the salary details. So looks like her father and her attorney is trying to mislead everyone that there is a screw-up.

Request Rejected



upload_2013-12-25_20-16-5.png



Not really, that was confirmed by several Indian government officials, the compensation to the diplomats is only a financial regulation, but they are hired from the government to assist in official representation of India, not for the private needs of the diplomat! Government of India has even stated that both held an official passport of the government.



And that as I already showed is the crucial point! She was not able to fall under US labor terms, because she was not able work at the US labor market! So not the minimum wage is the issue, but which law really applies to official workers of the GoI including the diplomats!

Here is today's news in Hindu. Besides the wage document signed between Devyani and the maid, this news more or less confirms that there is no government contract.

The Finance Ministry is considering a proposal from the Ministry of External Affairs (MEA) according to which the government will hire on contract domestic assistants for diplomats on foreign postings. At present, diplomats hire their own domestic assistants for which the government reimburses them as per their pay scales.

Plan to hire domestic assistants on contract for diplomats abroad - The Hindu

That's a nonsense statement, because she can afford it, but will do it like anybody else in India according to Indian laws. Who is judging according his emotions now? :rolleyes:

It was a nonsense statement in turn for another one - that they can't afford to pay U.S minimum wages for the maid. The maids are governed by US laws as per the visa terms. So there is no emotion involved here - I have been as objective as I can be. Also there are no Indian laws applicable.

As I already said, the there is an Indian warrant against the maid and a official investigation, how can the US then move out her relatives from India without consulting the Indian authorities? It's an active case and the US has no jurisdiction nor any right in India, to move out Indians that are involved in an investigation.

Now aren't you repeating the same again and again. Let me restate one final time - the case and warrant is against the maid. Not against their relatives. The are free to move anywhere.
 
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So why do Indians have to be outraged when she was not accorded that extra privilege and arrested (though every opportunity was provided to GOI to avoid this unfortunate incident) ? As for the reports, why not go by the official statement from the DA office?

Ms. Khobragade was accorded courtesies well beyond what other defendants, most of whom are American citizens, are accorded. She was not, as has been incorrectly reported, arrested in front of her children. The agents arrested her in the most discreet way possible, and unlike most defendants, she was not then handcuffed or restrained. In fact, the arresting officers did not even seize her phone as they normally would have. Instead, they offered her the opportunity to make numerous calls to arrange personal matters and contact whomever she needed, including allowing her to arrange for child care. This lasted approximately two hours. Because it was cold outside, the agents let her make those calls from their car and even brought her coffee and offered to get her food.

Link to DA office statement -

Request Rejected

Incidents do happen, Only thing now is how to respond to the situation. Based on the initial reports it is very clear that the US marshals behaved badly with Indian diplomat, US media is biased in reporting this incident. This is condemnable. There are n number of violations done by Russian diplomats and other countries diplomats in USA and yet no action has been taken . USA has double standards based on its power projection capability, but all India is trying to convey is that India won't tolerate this kind of behavior.

The guys sitting in the USA who are lecturing about US Laws knows fully how their diplomats behave sometimes crossing the local laws. Below is the recent example

"In August this year an American diplomat in Kenya allegedly rammed into a mini bus, killing a father of three. The US Embassy officials in Nairobi rushed him out of the country soon after. The victim's wife is still waiting for justice."

another incident

"49 Russian diplomats were charged with healthcare fraud after they allegedly lied about their incomes to get health benefits in the US. However, no action has been taken against them. "

Devyani Khobragade arrest: Deadline for US consulate staff to return ID cards ends today | NDTV.com


This is not about laws or crime but about the treatment give to Indian Diplomat , how can India present itself as a rising power on the world stage when one of its lady diplomat and an Indian citizen is humiliated in the street of Newyork??

Is the main reason for rage and protests.




Here is the false charge made by US marshals on Indian Diplomat.

Indian diplomat Devyani Khobragade arrested in error, says lawyer

Manhattan: The lawyer for Indian diplomat Devyani Khobragade whose treatment in US custody ignited a diplomatic uproar between the two countries last week claims the case is based on a series of mistakes.
Daniel Arshak, lawyer of Khobragade, 39, who is charged with lying on a visa application about the wages she paid her Indian babysitter, said an agent with the US state department misread a form the diplomat helped the babysitter fill out, along with related documents.
Arshak said Khobragade,
who was trying to help the babysitter get into the US, entered her own monthly salary on a non-immigrant visa application, a figure the agent interpreted as being what she paid her babysitter.
“This case should never have been brought,” Arshack said in an email on 23 December. “The agent who processed the arrest and drew up the affidavit to support the charges in this case, simply made an error in reading the form.”
Khobragade was charged on 12 December with visa fraud and making false statements. Arrested in front of her daughter’s school on West 97th Street in Manhattan, she was held by US marshals in the federal courthouse in downtown Manhattan. While there, she was strip-searched and held with other female suspects. Later that day, she was presented before a US magistrate judge and released on a $250,000 unsecured bond.

Government officials
News of her treatment triggered a furor in India, and was followed by government officials there scaling back security outside the US Embassy in New Delhi and protests demanding a ban on US goods.
Arshack said the DS-160 form, which was prepared and submitted online, called for Khobragade’s salary, not that of the babysitter. Khobragade wrote $4,500 per month, whereas the babysitter made about $1,560 a month, the defense attorney said. The US alleged the babysitter in fact made closer to $500 per month, below minimum wage, citing one of two contracts between the two women and the babysitter’s statements.
Arshack said the US government also misconstrued the different payment terms in the two employment contracts.

Minimum wage
In a contract prosecutors said Khobragade submitted as part of the visa application, the diplomat said she paid the babysitter $9.75 an hour—above minimum wage as required by law, state department special agent Mark Smith said in the criminal complaint. In a second contract, the diplomat agreed to pay the babysitter Rs.30,000 a month, the US said, which came out to about $3.31 per hour. New York minimum wage is $7.25 per hour.
Arshak said the second contract spelled out payments that were to be deducted from the babysitter’s pay and sent to her husband in New Delhi.
After the arrest, Indian foreign ministry spokesman Syed Akbaruddin said the nation was shocked and appalled by the public embarrassment of the diplomat and called for an immediate apology.

‘Search procedures’
Khobragade was subject to the same search procedures as other USMS arrestees held within the general prisoner population in the Southern District of New York, the US Marshals Service said in a statement.
The visa fraud charge against Khobragade carries a maximum penalty of 10 years in prison if she’s convicted, according to the office of Manhattan US Attorney Preet Bharara. The maximum for the false statements charge is five years.
A spokeswoman for the US state department referred calls to the department of justice. Jerika Richardson, a spokeswoman for Bharara in Manhattan, declined to comment on the claims.
Khobragade was recently named by her country to serve as a member of its permanent mission to the United Nations, a position that gives her a higher level diplomatic immunity than she enjoyed as deputy consul general.
Jen Psaki, a state department spokeswoman, said on 20 December that the diplomat’s new posting wouldn’t nullify any previously existing charges.


Indian diplomat Devyani Khobragade arrested in error, says lawyer - Livemint

NYPD treat her like how they would treat any one being arrested. They are handcuffed and searched.

The best way to not get arrested is to follow the US rule. As of now, she is a charged suspect and her passport has been revoked. India should hire the best lawyer to represent her.

There are rules of engagement when treating a diplomatic staff, based on bilateral relationship between two countries which are not official laws, USA never cared for these things and tried to bully India.
 
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Incidents do happen, Only thing now is how to respond to the situation. Based on the initial reports it is very clear that the US marshals behaved badly with Indian diplomat, US media is biased in reporting this incident. This is condemnable. There are n number of violations done by Russian diplomats and other countries diplomats in USA and yet no action has been taken . USA has double standards based on its power projection capability, but all India is trying to convey is that India won't tolerate this kind of behavior.

The guys sitting in the USA who are lecturing about US Laws knows fully how their diplomats behave sometimes crossing the local laws. Below is the recent example

"In August this year an American diplomat in Kenya allegedly rammed into a mini bus, killing a father of three. The US Embassy officials in Nairobi rushed him out of the country soon after. The victim's wife is still waiting for justice."

another incident

"49 Russian diplomats were charged with healthcare fraud after they allegedly lied about their incomes to get health benefits in the US. However, no action has been taken against them. "

Devyani Khobragade arrest: Deadline for US consulate staff to return ID cards ends today | NDTV.com

This is not about laws or crime but about the treatment give to Indian Diplomat , how can India present itself as a rising power on the world stage when one of its lady diplomat and an Indian citizen is humiliated in the street of Newyork??

Is the main reason for rage and protests.




Here is the false charge made by US marshals on Indian Diplomat.

Indian diplomat Devyani Khobragade arrested in error, says lawyer

Manhattan: The lawyer for Indian diplomat Devyani Khobragade whose treatment in US custody ignited a diplomatic uproar between the two countries last week claims the case is based on a series of mistakes.
Daniel Arshak, lawyer of Khobragade, 39, who is charged with lying on a visa application about the wages she paid her Indian babysitter, said an agent with the US state department misread a form the diplomat helped the babysitter fill out, along with related documents.
Arshak said Khobragade,
who was trying to help the babysitter get into the US, entered her own monthly salary on a non-immigrant visa application, a figure the agent interpreted as being what she paid her babysitter.
“This case should never have been brought,” Arshack said in an email on 23 December. “The agent who processed the arrest and drew up the affidavit to support the charges in this case, simply made an error in reading the form.”
Khobragade was charged on 12 December with visa fraud and making false statements. Arrested in front of her daughter’s school on West 97th Street in Manhattan, she was held by US marshals in the federal courthouse in downtown Manhattan. While there, she was strip-searched and held with other female suspects. Later that day, she was presented before a US magistrate judge and released on a $250,000 unsecured bond.

Government officials
News of her treatment triggered a furor in India, and was followed by government officials there scaling back security outside the US Embassy in New Delhi and protests demanding a ban on US goods.
Arshack said the DS-160 form, which was prepared and submitted online, called for Khobragade’s salary, not that of the babysitter. Khobragade wrote $4,500 per month, whereas the babysitter made about $1,560 a month, the defense attorney said. The US alleged the babysitter in fact made closer to $500 per month, below minimum wage, citing one of two contracts between the two women and the babysitter’s statements.
Arshack said the US government also misconstrued the different payment terms in the two employment contracts.

Minimum wage
In a contract prosecutors said Khobragade submitted as part of the visa application, the diplomat said she paid the babysitter $9.75 an hour—above minimum wage as required by law, state department special agent Mark Smith said in the criminal complaint. In a second contract, the diplomat agreed to pay the babysitter Rs.30,000 a month, the US said, which came out to about $3.31 per hour. New York minimum wage is $7.25 per hour.
Arshak said the second contract spelled out payments that were to be deducted from the babysitter’s pay and sent to her husband in New Delhi.
After the arrest, Indian foreign ministry spokesman Syed Akbaruddin said the nation was shocked and appalled by the public embarrassment of the diplomat and called for an immediate apology.

‘Search procedures’
Khobragade was subject to the same search procedures as other USMS arrestees held within the general prisoner population in the Southern District of New York, the US Marshals Service said in a statement.
The visa fraud charge against Khobragade carries a maximum penalty of 10 years in prison if she’s convicted, according to the office of Manhattan US Attorney Preet Bharara. The maximum for the false statements charge is five years.
A spokeswoman for the US state department referred calls to the department of justice. Jerika Richardson, a spokeswoman for Bharara in Manhattan, declined to comment on the claims.
Khobragade was recently named by her country to serve as a member of its permanent mission to the United Nations, a position that gives her a higher level diplomatic immunity than she enjoyed as deputy consul general.
Jen Psaki, a state department spokeswoman, said on 20 December that the diplomat’s new posting wouldn’t nullify any previously existing charges.


Indian diplomat Devyani Khobragade arrested in error, says lawyer - Livemint



There are rules of engagement when treating a diplomatic staff, based on bilateral relationship between two countries which are not official laws, USA never cared for these things and tried to bully India.

This incident has to do with an Indian consulate worker breaking the US law. India should try to hire the best lawyer. Too bad Johnny Cochran is dead. Or you can get him. OJ would recommend him.
 
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This incident has to do with an Indian consulate worker breaking the US law. India should try to hire the best lawyer. Too bad Johnny Cochran is dead. Or you can get him. OJ would recommend him.
Don't worry, US already broken Indian /US law on wages in India . There all US diplomats can goto Jail now. see date where US judge though the Case out from the Court.
we don't need lawyer , India is now too Powerful for US to do anything. India is not PAK/ China etc. Where US can kill PAK/Chinese and then walk away without any penalty. ( Raymond / China Embassy blown by Nato missile)
 
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Don't worry, US already broken Indian /US law on wages in India . There all US diplomats can goto Jail now. see date where US judge though the Case out from the Court.
we don't need lawyer , India is now too Powerful for US to do anything. India is not PAK/ China etc. Where US can kill PAK/Chinese and then walk away without any penalty. ( Raymond / China Embassy blown by Nato missile)

Exactly ....... :sarcastic:
 
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India will never ever extract an apology from the US and the diplomat in question will be trialed, convicted and sentenced to a jail term of 5-10 years.

India should either back down now or downgrade its diplomatic relation with the US.

Knowing India, it will almost certainly go for the first.
 
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India will never ever extract an apology from the US and the diplomat in question will be trialed, convicted and sentenced to a jail term of 5-10 years.

India should either back down now or downgrade its diplomatic relation with the US.

Knowing India, it will almost certainly go for the first.

Well ...... Times have changed and the charges framed against Indian Diplomat have some mistakes.
 
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Don't worry, US already broken Indian /US law on wages in India . There all US diplomats can goto Jail now. see date where US judge though the Case out from the Court.
we don't need lawyer , India is now too Powerful for US to do anything. India is not PAK/ China etc. Where US can kill PAK/Chinese and then walk away without any penalty. ( Raymond / China Embassy blown by Nato missile)

India is too powerful for US to do anything? Isn't the US doing something by arresting an Indian diplomat for violating a US law? That count as something.
 
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India will never ever extract an apology from the US and the diplomat in question will be trialed, convicted and sentenced to a jail term of 5-10 years.

India should either back down now or downgrade its diplomatic relation with the US.

Knowing India, it will almost certainly go for the first.

Don't troll.
 
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Point to me the violation of protocol by the US. And look up the 1963 Vienna convention - arrests can be made in serious crimes. In this case, a felony charge which can get 10 years is a serious crime if you agree or not. The draft of what constitutes serious crimes of 1963 Vienna convention says any crime above 5 years or more though it did not pass through.

And I am not spreading lies - I am point out the fact she is not here to manage relationships with US. She is here to do paper work i.e visa issuance. That is why she is working in NY consulate and not in Indian Embassy out of DC.

And I am not ranting. It is a naked fact that Indians are pissed off at the babus and netas in India but still want to condone their acts elsewhere indirectly.



Or stop bringing in maids and do your own household chore just like others do here who themselves earn multiple times than these officers.


Sure. If any consular officer has to be arrested, the consular general has to be notified first. He was not. Consular officers, even if they need to be arrested, should be treated with respect and dignity, and not by the same procedure that a common criminal is arrested. She was treated like a common criminal, and housed in the same facility. Consular officers are exempt from many local laws like the minimum wage law, for many reasons. The US themselves argued this when Iran tried to prosecute american consuls for violation of domestic laws. This is what the US argued in court at that time:

“Pursuant to Articles 28, 31, 33, 34, 36 and 40 of the Vienna Convention on Consular Relations, the Government of lran is under an international legal obligation to the United States to ensure that … the consular personnel of the United States be treated with respect and protected from attack on their persons, freedom, and dignity; and that United States consular officers be free from arrest or detention. The Government of Iran has violated and is currently violating the foregoing obligations.”
 
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India is too powerful for US to do anything? Isn't the US doing something by arresting an Indian diplomat for violating a US law? That count as something.

Thats done by some unknown stupid persons and now US people trying to salvage the situation. Refer where US foreign dept. now try to salvage its from humiliation.

Wall Street Journal recently reported that Bharara's thundering press statements on ongoing cases came in for criticism from a federal judge in New York, who openly criticized their "tabloid tone".


Judge Sullivan singled out one Southern District press release for ridicule — an April announcement of criminal charges against two New York City lawmakers — that brimmed with statements from Mr Bharara about New York's 'show-me-the-money culture'," the report said.

"That sounds like the theme from Mighty Mouse," Judge Sullivan said, according to a Law360 report on the October 1 event, hosted by the Practising Law Institute. "This seems to be designed for tabloid consumption... there should be a question asked that is that appropriate at the pre-conviction stage."

Preet Bharara's activism in Devyani's maid case even riles US judge - The Times of India


See how US judge now acting;) whole US dept will act like that in future and case will thrown out citing error in reading paper.

This is called diplomacy , trying to safe face and get out.
 
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It was the domestic worker who filed the complaint of abuse, do you think salary was the only issue? (rhetorical)

It is the only issue on which the consular officer was charged - that she was not paying the salary mentioned in the visa application. Although the fact is that every single Indian diplomat, and the diplomats from at least a hundred countries are "guilty" of that offence, and the US has been complicit in that. The maid gets her housing, food, clothing, transportation and medical expenses paid for by India, and gets to save every penny of her salary, unlike minimum wage earners in the US who live in debt.
 
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Incidents do happen, Only thing now is how to respond to the situation. Based on the initial reports it is very clear that the US marshals behaved badly with Indian diplomat, US media is biased in reporting this incident. This is condemnable. There are n number of violations done by Russian diplomats and other countries diplomats in USA and yet no action has been taken . USA has double standards based on its power projection capability, but all India is trying to convey is that India won't tolerate this kind of behavior.

The guys sitting in the USA who are lecturing about US Laws knows fully how their diplomats behave sometimes crossing the local laws. Below is the recent example

"In August this year an American diplomat in Kenya allegedly rammed into a mini bus, killing a father of three. The US Embassy officials in Nairobi rushed him out of the country soon after. The victim's wife is still waiting for justice."

another incident

"49 Russian diplomats were charged with healthcare fraud after they allegedly lied about their incomes to get health benefits in the US. However, no action has been taken against them. "

Devyani Khobragade arrest: Deadline for US consulate staff to return ID cards ends today | NDTV.com

This is not about laws or crime but about the treatment give to Indian Diplomat , how can India present itself as a rising power on the world stage when one of its lady diplomat and an Indian citizen is humiliated in the street of Newyork??

Is the main reason for rage and protests.




Here is the false charge made by US marshals on Indian Diplomat.

Indian diplomat Devyani Khobragade arrested in error, says lawyer

Manhattan: The lawyer for Indian diplomat Devyani Khobragade whose treatment in US custody ignited a diplomatic uproar between the two countries last week claims the case is based on a series of mistakes.
Daniel Arshak, lawyer of Khobragade, 39, who is charged with lying on a visa application about the wages she paid her Indian babysitter, said an agent with the US state department misread a form the diplomat helped the babysitter fill out, along with related documents.
Arshak said Khobragade,
who was trying to help the babysitter get into the US, entered her own monthly salary on a non-immigrant visa application, a figure the agent interpreted as being what she paid her babysitter.
“This case should never have been brought,” Arshack said in an email on 23 December. “The agent who processed the arrest and drew up the affidavit to support the charges in this case, simply made an error in reading the form.”
Khobragade was charged on 12 December with visa fraud and making false statements. Arrested in front of her daughter’s school on West 97th Street in Manhattan, she was held by US marshals in the federal courthouse in downtown Manhattan. While there, she was strip-searched and held with other female suspects. Later that day, she was presented before a US magistrate judge and released on a $250,000 unsecured bond.

Government officials
News of her treatment triggered a furor in India, and was followed by government officials there scaling back security outside the US Embassy in New Delhi and protests demanding a ban on US goods.
Arshack said the DS-160 form, which was prepared and submitted online, called for Khobragade’s salary, not that of the babysitter. Khobragade wrote $4,500 per month, whereas the babysitter made about $1,560 a month, the defense attorney said. The US alleged the babysitter in fact made closer to $500 per month, below minimum wage, citing one of two contracts between the two women and the babysitter’s statements.
Arshack said the US government also misconstrued the different payment terms in the two employment contracts.

Minimum wage
In a contract prosecutors said Khobragade submitted as part of the visa application, the diplomat said she paid the babysitter $9.75 an hour—above minimum wage as required by law, state department special agent Mark Smith said in the criminal complaint. In a second contract, the diplomat agreed to pay the babysitter Rs.30,000 a month, the US said, which came out to about $3.31 per hour. New York minimum wage is $7.25 per hour.
Arshak said the second contract spelled out payments that were to be deducted from the babysitter’s pay and sent to her husband in New Delhi.
After the arrest, Indian foreign ministry spokesman Syed Akbaruddin said the nation was shocked and appalled by the public embarrassment of the diplomat and called for an immediate apology.

‘Search procedures’
Khobragade was subject to the same search procedures as other USMS arrestees held within the general prisoner population in the Southern District of New York, the US Marshals Service said in a statement.
The visa fraud charge against Khobragade carries a maximum penalty of 10 years in prison if she’s convicted, according to the office of Manhattan US Attorney Preet Bharara. The maximum for the false statements charge is five years.
A spokeswoman for the US state department referred calls to the department of justice. Jerika Richardson, a spokeswoman for Bharara in Manhattan, declined to comment on the claims.
Khobragade was recently named by her country to serve as a member of its permanent mission to the United Nations, a position that gives her a higher level diplomatic immunity than she enjoyed as deputy consul general.
Jen Psaki, a state department spokeswoman, said on 20 December that the diplomat’s new posting wouldn’t nullify any previously existing charges.


Indian diplomat Devyani Khobragade arrested in error, says lawyer - Livemint



There are rules of engagement when treating a diplomatic staff, based on bilateral relationship between two countries which are not official laws, USA never cared for these things and tried to bully India.


US Marshals behaved badly or not is very subjective. The question is did they break any legal procedures? There is none.

As for the consular officer arrested in the streets of NY, where else can she be arrested from? Consulate is out of question. Consulate car is out of question. Arresting a consular officer from the home is not well defined in the Vienna Convention. So there is only one place she can be arrested from and that is exactly what they have done here.

Breaking of local laws has been done by US diplomats, Russian diplomats and even Indian diplomats like Neena Malhotra. That does not mean leeway can be continuously provided to the diplomats.

As for the lawyer claiming a mistake, read #47 of mine here in this thread where I have posted the case details in DOJ site. Even the DS-160 which the lawyer claiming it as a mistake on behalf of the maid is being tied to Devyani and her computer address was used in filing and so the agent has filed that Devyani is the one who had filed the DS-160 on the maid's behalf who is illiterate. Looks like the agent afterall did not screwup.

Better they replace the lawyer with someone else. Otherwise Devyani is going to be screwed.
 
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