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I recently moved to Canada. I am not Canadian and not a Canadian Permanent Resident. My brother has petitioned a green card application for me 5 years ago. My application takes more than 12 years and I was wondering if I could apply for a tourist visa to visit my brother and relatives in California.

Will my tourist visa application be an immediate rejection due to my pending green card application or I have a chance of getting a visa?

Please advise.

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    For completeness, what is your immigration status in Canada? What ties to Canada do you have that would enable you to overcome the presumption of immigrant intent INA Section 214(b)?
    – Traveller
    Commented Mar 30 at 14:27

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You haven't applied for anything yet, your brother filed a petition which started a process at the end of which you may have an opportunity to apply for an immigration visa/status.

Until then you can apply for a tourist visa just like everyone else.

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