Non-LPR cancellation of removal: 10-year check
“Live in the U.S. for 10 years and you can get a green card” is a widespread claim. It refers to non-LPR cancellation of removal (Form EOIR-42B, INA 240A(b)(1)). But 10 years is only one of four statutory requirements, and the clock does not run until your hearing date: it generally stops when you are served a complete Notice to Appear (NTA) listing the hearing time and place.
Enter the date you began living continuously in the U.S., your NTA details and your trips abroad. The tool calculates your continuous physical presence, checks whether trips broke it, and flags issues with qualifying relatives, criminal records and procedure. The calculation runs in your browser; nothing is uploaded.
The four statutory requirements
- 10 years of continuous physical presence: physical presence is what counts — lawful entry is not required — but the stop-time rule applies.
- Good moral character during that period: INA 101(f) lists situations that preclude a finding of good moral character, and a judge may also find a lack of good moral character based on the overall record.
- No disqualifying convictions: no conviction of an offense under INA 212(a)(2), 237(a)(2) or 237(a)(3) — much broader than the “aggravated felony” bar for LPR cancellation (EOIR-42A).
- “Exceptional and extremely unusual hardship” to a qualifying relative: the hardship must fall on a U.S. citizen or LPR spouse, parent or child (generally an unmarried child under 21); the applicant’s own hardship does not count. Family separation, lower income or fewer educational opportunities alone are usually not enough.
In addition, no more than 4,000 people may be granted per fiscal year, and this relief can only be requested from an immigration judge in removal proceedings — not from USCIS. See our EOIR-42B guide.
How the calculation works
The stop-time rule
Under INA 240A(d)(1), continuous physical presence ends at the earlier of service of a Notice to Appear, or the commission of certain 212(a)(2) offenses that make the person inadmissible or removable. If you were served a complete NTA before reaching 10 years, later time in the U.S. does not make up the difference.
Pereira and Niz-Chavez
In Pereira v. Sessions (2018), the Supreme Court held that an NTA that does not specify the time and place of the hearing does not trigger the stop-time rule. In Niz-Chavez v. Garland (2021), it held that the NTA must be a single document containing all required information; a later hearing notice cannot be combined with it. The tool therefore counts to today for an NTA without the time and place — but if DHS later served a complete NTA, the clock may have stopped then.
Trips abroad can break continuous presence
Under INA 240A(d)(2), a single absence of more than 90 days, or absences totaling more than 180 days, break continuous physical presence. The tool counts full days outside the U.S. within the period, treating the departure and return days as days in the U.S. Other events, such as departures under the direction of immigration officials, may also break continuous presence and need case-by-case analysis.
Legal basis
| Item | Rule | Basis |
|---|---|---|
| Eligibility | 10 years’ continuous physical presence, good moral character, no disqualifying convictions, exceptional and extremely unusual hardship to a qualifying relative | INA 240A(b)(1) |
| Stop-time rule | Service of an NTA or commission of certain offenses, whichever is earlier | INA 240A(d)(1) |
| NTA contents | An NTA without hearing time and place does not trigger stop-time; the NTA must be a single document | Pereira v. Sessions (2018); Niz-Chavez v. Garland (2021) |
| Breaks in presence | A single absence over 90 days or total absences over 180 days | INA 240A(d)(2) |
| Annual cap | No more than 4,000 per fiscal year | INA 240A(e); 8 CFR 1240.21 |
| Review of hardship findings | Applying the hardship standard to established facts is reviewable by the federal courts of appeals | Wilkinson v. Garland (2024) |
Common questions
I have lived in the U.S. for more than 10 years. Can I apply to USCIS for a green card?
No. Non-LPR cancellation can only be granted by an immigration judge in removal proceedings; there is no way to file it affirmatively with USCIS. And 10 years is only one of the four requirements.
Can I put myself into removal proceedings in order to apply?
That is very risky. If cancellation is denied once you are in proceedings, the result may be a removal order. Whether your case is strong enough must be fully evaluated by an attorney before taking any step — do not rely on claims that you can “turn yourself in after 10 years and get a green card.”
My child is a U.S. citizen. Does that satisfy the hardship requirement?
No. A U.S. citizen child only means you have a qualifying relative. The judge looks at whether the hardship to the child would substantially exceed what family separation ordinarily causes — for example, a serious illness or special needs.
I do not remember whether my NTA listed a hearing time. What should I do?
Find the original NTA and certificate of service; if you cannot, the court record and immigration file can be requested through the Freedom of Information Act (FOIA). Whether a single document listed the hearing time and place determines whether your 10 years were cut off.
Related reading
- EOIR-42B guide
- Relief from removal: an overview
- What to do after receiving an NTA
- Immigration court: what to do next
Want to know whether you really meet the 10-year cancellation requirements? Book an attorney review. We will check your entry records, original NTA and family situation first, then explain the possible options and risks.
This page is general information, not legal advice. Immigration court procedures and policies change quickly, and outcomes depend on the specific facts. If you have received a Notice to Appear or a family member has been detained, consult an attorney as soon as possible.