On the Portuguese Communities Portal, from the Ministry of Foreign Affairs, it is stated that “for citizens who identify with a non-binary gender, the recommendation from the North American authorities is that they must fill out the forms and make declarations upon arrival with the gender with which they were identified at birth”.

The travel advice section of the portal reminds you that entry and stay under the “Visa Waiver” program is limited to business and tourism purposes and to a maximum duration of 90 days, as well as prior obtaining of the Electronic Travel Authorization (ESTA).

“Please note that possession of an ESTA or a visa does not constitute an automatic right of entry into the United States. The final decision is always made by the border agent upon arrival in the United States,” the text reads.

To “avoid misunderstandings in communication, it is recommended that travellers carry proof of return travel and avoid making false statements about the purposes of their stay,” and “it is also recommended that anyone entering through ports or airports in the United States avoid crossing land borders with Canada and Mexico if they intend to leave the United States later, as their re-entry may be questioned.”

Portuguese citizens with a machine-readable passport who present proof of means of subsistence and information about accommodation are not required to obtain a visa for a stay of less than 90 days.

Other European countries have updated their warnings, particularly those related to gender identity, following cases of detained tourists and concerns about the tightening of visa policies and immigration controls in the United States.

At least Germany, the United Kingdom, France, Denmark, Finland and Norway have changed their recommendations, presenting notes similar to those of the Portuguese portal in relation to ESTA.

Norway has stated that only two genders (male or female) are included in a visa application or ESTA form, since the US authorities only recognize the sex that a person had “at birth”, following the decree signed on the matter by President Donald Trump on his first day in office.

Denmark has advised citizens who have changed their gender on their passport or who are registered as “X” or indeterminate “to contact the US embassy before traveling so that they can be advised on how to proceed.”

Germany added that “criminal records in the US, false information about the purpose of the stay or exceeding the minimum duration” of stay could lead to arrest, detention and deportation.

The Portuguese website states that “violation of these conditions (related to the Visa Waiver), namely providing false statements and exceeding the legal period of stay in the country, may result in the detention and deportation of any citizen by the American immigration authorities”.