Matter of Palwinder K. v. Kuldeep K., 148 A.D.3d 1149

Petitioner sought guardianship of Lovepreet S., a child born in India, under Family Court Act article 6 and obtained guardianship after a hearing.
After obtaining guardianship, petitioner moved for an order making the specific findings required to enable Lovepreet to apply for Special Immigrant Juvenile Status (SIJS) under 8 U.S.C. § 1101(a)(27)(J).
The requested findings included that Lovepreet was under 21 and unmarried, was dependent on the Family Court, reunification with one or both parents was not viable due to abuse/neglect/abandonment, and it would not be in his best interests to return to India.
The Family Court granted guardianship but denied the SIJS-finding motion, concluding petitioner failed to prove reunification was not viable due to parental abuse, neglect, or abandonment.
On appeal, the Second Department conducted an independent factual review of the record and reversed, finding the record supported non-viability of reunification due to parental neglect and that return to India would not be in the child's best interests.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Family Court should issue the SIJS findings (including non-viability of reunification and best-interest determination)	Petitioner argued Lovepreet met SIJS criteria: under 21, unmarried, court-dependent, reunification not viable due to parental neglect (excessive corporal punishment, forced child labor/early work instead of school), and return to India would be contrary to his best interests	Family Court/respondents argued petitioner failed to establish non-viability of reunification due to parental abuse/neglect/abandonment	Reversed: court finds reunification not viable due to parental neglect and that returning to India would not be in Lovepreet's best interests; SIJS findings granted

Matter of Maria P.E.A. v Sergio A.G.G., 111 A.D.3d 619 (2d Dep't 2013) (discussing SIJS reunification and best-interest requirements)
Matter of Trudy-Ann W. v Joan W., 73 A.D.3d 793 (2d Dep't 2010) (SIJS standards: reunification nonviability and best-interest analysis)
Matter of Ena S.Y. v Antonio S., 140 A.D.3d 778 (2d Dep't 2016) (parental neglect includes excessive corporal punishment and interference with schooling)
Matter of Mohamed B., 83 A.D.3d 829 (2d Dep't 2011) (parental neglect may support SIJS non-viability finding)
Matter of Alamgir A., 81 A.D.3d 937 (2d Dep't 2011) (parental neglect and circumstances supporting SIJS findings)
Matter of Marcelina M.-G. v Israel S., 112 A.D.3d 100 (2d Dep't 2013) (best-interest considerations for SIJS applicants)