KGUN9 On Your Side, Tucson News, Weather & SportsAdoption nightmare splits one family between Ariz. and Mexico

Adoption nightmare splits one family between Ariz. and Mexico

Reported by:  Jessica Chapin

TUCSON (KGUN9- TV) - What if you took your young son to another country and couldn't bring him home. That's what happened to a Tucson family and 2 years later, nothing has changed. The family blames miscommunication and a broken immigration system for their nightmare.

It started innocently enough, with the adoption of a baby boy from Mexico.  Scott Jeffrey fondly remembered when he and his wife decided to adopt Max. "I myself am adopted and it's something we had thought about doing but never seriously," said Jeffrey.

  Five years ago, he and his wife Gina learned about Max through a co-worker.  Max was born in Mexico to parents who wanted to give him a better home. What they never imagined was that their life with him would be one of brief weekend visitations, and red-tape frustration.

"We're not guilty of any horrible scheme or crime," said Jeffrey. "And, as a result of our little boy has been taken from his home basically, in a sense reverse deported."

Max was just 4 weeks old when the Jeffreys hired attorney Marjorie Cunningham, who advised them to file for a state adoption and take custody in Arizona.  Two years later, they filed for his citizenship.  A year after that, they were called to the U.S. Consulate in Juarez, Mexico for the boy's Visa interview.

"We had immigration attorneys, we filed paperwork with the state department with the Visa office," said Jeffrey. "And it wasn't until we were there at the consulate that we were told that the paperwork was not in good order."

The consulate denied Max's citizenship and kept him from returning to the U.S.  That's when Scott learned Max needed a Mexican adoption. "We didn't even know we had to do a Mexican adoption," said Jeffrey. "We were never advised about that."

KGUN9 contacted the U.S. Consulate to find out what happened.  They sent us links to State Department web sites describing the recommended adoption process.  The site advises everyone to use an agency, and warns that if not, children may "risk being deported back to the Republic of Mexico even if they have legal U.S-Citizenship parents."

That's exactly what happened.  Max is now five years old, living with his mother in Mexico while his father and sister live in Tucson.  They keep in touch through weekend trips and technology like skype.

While the Jeffreys admit to making mistakes during the process, they say the length of time its taken to fix it is an example of a broken system.

"It's been two and a half years but it doesn't get any easier," said Jeffrey. "It's heart-wrenching.  As a parent you have to be strong, and I have to be strong for him."

Eleven-year old sister Sasha is eloquent for her age in expressing a situation that's hard to understand. "When my parents told me that he couldn't come back here with me and them I just immediately just stopped and I felt like it would never end," she said.

She visits her mother and Max every weekend with her father. "I'm kind of glad that I see him but then again it gets harder so I don't really want to go as much," she said, "because I'll miss him even more."

The Jeffreys now have a new attorney and are in the process of getting a Mexican adoption, but paperwork for a VISA could take another six to nine months.

KGUN9 tried to contact the Jeffrey's original attorney, but were told she is unavailable for several weeks.  Efforts to reach her through associates were also unsuccessful.