Update: August 5, 2:07 pm:

My hypothesis below, based on a POLITICO article which I discuss in detail reporting that Melania Trump might, allegedly, have worked as a model in the United States illegally with a visitor visa and then, admittedly based on conjecture rather than firm proof, might have have been forced to tell a series of lies in subsequent visa and immigration applications in order to avoid having them denied, all depends on the answer to one simple question:

What kind of visa did Melania Trump use to come to the United States in 1995 when she worked as a model and posed for the photos which appeared in a recent edition of the New York Post? Was it an H-1B visa which would have allowed her to work, thereby leaving her with a clean immigration record of compliance with our laws at all times?

Or was it a visitor visa
which would not have allowed her to work and therefore might, conceivably, have been obtained by misrepresenting her intended activities in the United States?

Hopefully, in order to clear up this question, Melania Trump will provide the naked truth about her visa history as soon as possible.

Update, August 4, 12:40 pm:

According to an August 4 Huffington Post story (available on their website), Melania Trump has denied ever having broken any US immigration laws, but she has still not said what kind of visa she was in the US with in 1995, when she allegedly worked in this country as a model, as evidenced by nude photos reportedly taken of her that year which have recently been published in the New York Post.

My original post follows:

Donald Trump has promised to enforce our immigration laws to the letter and to deport everyone who is in violation of these laws in any way, without exception. He has also proposed to eliminate H-1B work visas, either as a matter of law, or for all practical purposes by imposing a requirement that any employer wishing to sponsor someone for H-1B would have to hire American workers first. See the POLITICO report below.

However, while Trump carries out these draconian enforcement proposals, would he also be sharing the White House with a First Lady who worked in the United States with the same H-1B visa that Trump now sees as such a dire threat to American workers, and who, according to the following August 4 POLITICO report, may have allegedly committed visa fraud by previously coming to the US with a B-1/B-2 visitor visa in order to work?


POLITICO: Gaps in Melania Trump's immigration story raise questions


According to this story, Melania Trump allegedly told reporters that, during the period 1995-1996 she was working in the US with a legal H-1B visa for models. However, she also allegedly stated that she returned to Europe every few months to renew the visa stamp.

As POLITICO points out, an H-1B visa is normally valid for 3 years and can be renewed for at least 3 more years (sometimes longer, if the person has a pending green card case) without leaving the US.

However, if the person only has a visitor visa, then she would normally have to leave the US every few months, either to get a new visa, or to enter the US with the same visa but with a new passport entry stamp.

Therefore Melania's alleged statement is more consistent with her holding a B-1/B-2 visitor visa than an H-1B visa.

And here is the problem: a B-1/B-2 visitor visa does not allow the holder to work in the United States. And if someone applies for or enters the US with a visitor visa while intending ro work in this country, then that action would constitute visa fraud,, something which could make the person inadmissible to the US and deportable if she is already here.

I am sure that the Trump campaign will be eager to provide further details about Melania Trump's immigration history, along with more examples of Donald Trump's dedication to enforcing our immigration laws to their fullest extent, and without any exceptions, even if this, allegedly, includes applying them to a fellow occupant of the White House.

And if Melania Trump did in fact commit visa fraud by allegedly misstating her intentions when applying for a visitor visa and using it to enter the US, perhaps on several occasions during the above time period, did she reveal this relevant and important fact when she later applied for and received her her H-1B visa, and, subsequently, green card and US citizenship?

That is another interesting question which her husband's campaign will no doubt look forward to enlightening us on sooner rather than later.

I also want to make clear that nothing in the above POLITICO story proves that Melania Trump in fact applied for, received or used a B-1/B-2 or any other visitor visa at any time. This is only an inference based on the circumstantial evidence of her own reported statements about her immigration history during the 1995-1006 period.

No doubt, further information about this story will be coming from the Trump campaign in due course.

Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more that 35 years, he has been helping mainly skilled and professional immigrants obtain work visas and green cards.

His practice is concentrated in H-1B specialty occupation and O-1 extraordinary ability work visas, J-1 training visas and green cards through labor certification and opposite sex or same sex marriage.

Roger's email address is algaselex@gmail.com