If I have Portuguese citizenship, can I enter on the VWP while my case is pending?

Portuguese citizenship typically grants access to the VWP (Visa Waiver Program), but using it while an EB-5 case is in progress requires caution. The VWP is designed for temporary visits (tourism, business, or transit) by individuals who do not intend to immigrate.

The sensitive point is intent. The EB-5 pursues permanent residence, meaning it is inherently immigrant in nature. Entering under the VWP presupposes the opposite: a purely temporary stay. Having a pending immigrant petition may be seen as incompatible with that premise.

Border officers assess travel intent carefully. If there are signs of immigrant intent, entry under the VWP may be questioned and, in some cases, denied, even if you are a citizen of an eligible country.

Because each situation has its own specifics and admission rules can change, it is worth confirming the official guidance (USCIS and the Department of State) and discussing your travel strategy with a specialist before you board.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.