Arkansas, October 7: An Indian-origin man, Kapil Raghu, is fighting to have his U.S. visa reinstated after a wrongful arrest that stemmed from a misunderstanding during a routine traffic stop. Local police in Benton, Arkansas, allegedly mistook a bottle of designer perfume labelled “Opium” for the banned narcotic, leading to his arrest and the subsequent revocation of his visa.
Raghu, who is married to an American citizen and was in the process of obtaining permanent residency, was pulled over by Benton police on May 3 for a minor traffic violation. Officers reportedly found a small bottle marked “Opium” inside his car and assumed it contained drugs.
Despite Raghu’s repeated explanations that the bottle held perfume, he was arrested on suspicion of drug possession. Bodycam footage captured an officer telling him, “You got a vial of opium that was in your centre console.” Raghu, who was working as a food delivery driver, told The Saline Courier that he had cooperated fully and was “completely bewildered” by the incident.
Perfume Confirmed Harmless, but Visa Revoked
Subsequent laboratory testing by the Arkansas State Crime Lab confirmed that the substance was non-narcotic and merely a designer fragrance. Nevertheless, Raghu spent three days in Saline County Jail, where immigration authorities flagged what they described as a visa irregularity.
According to his attorney Mike Laux, the issue stemmed from an administrative error by Raghu’s previous lawyer. After his arrest, Raghu was transferred to a U.S. Immigration and Customs Enforcement (ICE) facility in Louisiana, where he was detained for 30 days.
Although the narcotics charge was dropped by a district court on May 20, Raghu’s visa was revoked during his detention—leaving him without legal status and at risk of immediate deportation.
“It is my understanding that, though released, Kapil now has a ‘deportation’ status, meaning he can be immediately deported for any minor offence, even jaywalking,” Laux told The Guardian.
“More crucially, this classification bars him from working and supporting his family, which has been devastating for them.”
A Family in Crisis
In a letter to ICE’s legal office, Raghu explained that the visa issue arose due to his former attorney’s delayed paperwork filing and pleaded for reinstatement of his immigration status.
“The mounting legal fees and the pressure of not being able to contribute have created a difficult situation for our family,” Raghu wrote. “My wife is carrying the entire financial burden.”
His wife, Alhley Mays, described the emotional and financial strain the ordeal has caused. The couple, who married in April, have exhausted their savings—originally intended to purchase a home—and Mays now works three jobs to cover legal expenses.
“This doesn’t just affect Kapil and me. My daughter sees him as a father figure,” Mays said. “It was just cologne… If a cop gets behind me now, I panic.”
Possible Breach of International Protocol
Attorney Mike Laux also accused Benton police of violating international law by failing to notify the Indian Consulate, as mandated by the Vienna Convention on Consular Relations.
The U.S. Department of Homeland Security, which oversees ICE, has not yet commented on the matter.
For now, Raghu remains in legal limbo—cleared of all criminal charges but still fighting to regain his right to live and work in the United States.
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