Quoting this because it seems as if people are missing some of the technicalities. As far as we know, she was never in the country illegally. She worked illegally. She likely would not have gotten her green card if this information was known.
And this is because....if she violated the conditions of her visitor's visa, she committed fraud. There is no legal punishment for people who lie during their partner's political campaign, as is probably the case with Melania Trump. It's up to the voting public what the consequences will be.
This one goes to Calfzilla."How Can I Get a Work Visa?
There are several different types of work visas that may be available to you based upon your qualifications and immigration situation.
One visa that many foreign workers pursue is the H-1B visa. The H-1B allows a foreign worker to temporarily work for a U.S. employer in a specialty occupation.
To apply for an H-1B, your employer must file an I-129 petition with USCIS. In this petition, your employer will note that you are already in the U.S. in B-1 or B-2 status, and will ask that USCIS do two things: (1) change your status to that of H-1B and (2) extend your status for a specified period of time (usually three years) so that you can work for the employer.
Since you are not authorized to work in the U.S. while on B-1 or B-2 status, you must change your status to one that allows you to work in the United States. (You file this application with United States Citizenship and Immigration Services, or “USCIS”). If you file your change of status application, you are deemed to be maintaining lawful status while your application is pending, even if your B1/2 status expires."
