Devyani Khobragade is charged with visa fraud and making false statements in a case that has triggered an outcry in India. Federal prosecutors announced her indictment Thursday.
She is accused of fraudulently obtaining a work visa for her New York City housekeeper.
In a letter to the judge, prosecutors say she has been given diplomatic immunity status and left the United States on Thursday.
The letter says the charges will remain pending until she can be brought to court to face them, either through a waiver of immunity or her return to the U.S. without immunity status.