New York (CNN) -- The Indian diplomat whose arrest and strip search in New York City ignited a diplomatic spat between nations has filed a motion seeking the dismissal of the charges, her attorney said Wednesday. The diplomat, Devyani Khobragade, left the U.S. last week amid federal charges that she lied on a visa application for her housekeeper. A dismissal of the charges against her would allow her to reenter the United States, where her husband and two daughters reside, said her attorney, Daniel Arshack. A hearing is set for January 31. A motion filed in federal court Tuesday asked that the case be thrown out, saying the court "does not have jurisdiction over the Defendant due to the Defendant's diplomatic status which provides her absolute immunity from criminal prosecution in the United States.
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Devyani Khobragade returned India last week
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She was indicted on federal counts of visa fraud and making false statements
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The former deputy consul general was strip-searched after her arrest
@placeholder officials had previously said Khobragade was entitled to consular immunity, which is less broad than diplomatic immunity and covers only actions carried out under official duties.
Some observers have suggested that @placeholder officials' protests and repeated demands for an apology are driven by political concerns.