If I have Portuguese citizenship, can I enter under the VWP while waiting?

The immigration process to the United States through the EB-5 involves various legal and strategic issues, and it is important to understand how the use of the Visa Waiver Program (VWP) may fit into your situation. As a Portuguese citizen, you generally benefit from the VWP for tourism, business, or transit trips with stays shorter than 90 days.

However, it is essential to understand that the VWP is intended for temporary visitors and does not align with processes that involve immigrant intent, such as those waiting for the approval of an EB-5 visa. The EB-5 visa is an investment program aimed at attracting foreign investors who contribute to the American economy, but at the same time, this process involves demonstrating immigrant intent, since the goal is obtaining permanent residence.

To enter the U.S. using the VWP, you would need to demonstrate the intention to stay only temporarily, without intentions to immigrate – which may conflict with the fact that you are awaiting a decision that ultimately has immigration consequences. U.S. immigration authorities are quite strict regarding the issue of travel intent. If there is evidence that you possess immigrant intent, this can raise questions during entry under the VWP, potentially resulting in denial of entry.

Therefore, even as a citizen of a country eligible for the VWP, it is important to consider that while your EB-5 process is ongoing, the use of the VWP may be interpreted as inconsistent with the temporary nature of this travel authorization. It is worth emphasizing the importance of strictly following U.S. immigration laws and seeking information directly from official sources or specialized professionals. There is also the risk of encountering companies or marketing campaigns that promise easy or guaranteed solutions; caution is essential to avoid scams or incorrect information.

Each case has particularities, and a detailed analysis can help define the best strategy for your specific situation. In short, although Portuguese citizenship offers access to the VWP, having a pending immigration process, such as the EB-5, may complicate the use of this benefit. It is crucial to act in accordance with U.S. rules, always performing a careful analysis of your situation before any travel decision.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.