How long has the respondent lived continuously in the United States?
Cancellation of removal for non-LPRs under INA § 240A(b)(1) requires *10 years* of continuous physical presence — counted *backwards from the service of the NTA*, frozen by the so-called *stop-time rule*. Every absence over 90 days, every cumulative absence over 180 days, and every prior removal restarts the clock. We routinely see clients told they've been here "15 years" who, when we audit their I-94s and tax returns, only have 7.5 qualifying years.
Context & Examples
Real example — Roberto, Modesto. Roberto told us he'd been in the U.S. since 1998. We pulled his FOIA A-file and found three trips to Mexico (1999, 2003, 2007) and a brief 2010 voluntary departure. The voluntary departure started a new clock. NTA was served in 2022 — only 12 years of continuous presence after the VD, comfortably over the 10-year minimum. Cancellation granted. Green card 2024.
Horror story — same Modesto family, different sibling. Roberto's brother applied pro se claiming "24 years." Did not disclose a 2014 trip to attend his father's funeral (8 weeks). The IJ granted but DHS appealed — pulled CBP records showing the 2014 entry stamp. Brother lost on appeal because the trip combined with two other forgotten trips exceeded the 180-day cumulative bar. He was deported in 2023 with a 10-year inadmissibility bar.
Why this matters: The continuous-presence calculation is unforgiving and entirely document-driven. We pull I-94 records, USCIS systems checks (FOIA), tax transcripts, school records, and CDC vaccination records before we file — never after.
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