The Cuban Adjustment Act of 1996 (CAA) provides for a special procedure under which Cuban natives or citizens, and their accompanying spouses and children, may obtain a haven in the United States as lawful permanent residents. The CAA gives the Attorney General the discretion to grant permanent residence to Cuban natives or citizens seeking adjustment of status if they have been present in the United States for at least 1 year after admission or parole and are admissible as immigrants. Their applications for adjustment of status may be approved even if they do not meet the ordinary requirements for adjustment of status under section 245 of the Immigration and Nationality Act (Act). Since the caps on immigration do not apply to adjustments under the CAA, it is not necessary for the alien to be the beneficiary of a family-based or employment-based immigrant visa petition.

On September 30, 1996, Congress enacted the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). IIRIRA made several comprehensive changes to the immigration laws. In particular, IIRIRA stated that arrival in the United States at a place other than an open port-of-entry is a ground of inadmissibility. However, after serious consideration of IIRIRA, the Service established that a Cuban native or citizen who arrives at a place other than an open port-of-entry may still be eligible for adjustment of status, if the Service has paroled the alien into the United States.