DAVID SWAIM

David Swaim is an immigration lawyer that has successfully represented over 25,000 clients and has been Managing Partner of Tidwell, Swaim & Farquhar since 1991.

David Swaim Managing Partner

David Swaim is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization and has been the Managing Partner of Tidwell, Swaim & Farquhar since 1991.

Over the course of his career, David has successfully represented over 25,000 clients in immigration proceedings covering all areas of immigration law. David is known for developing many of the most innovative techniques for H-1 and labor certification cases, as well as creating immigration procedures at dozens of companies throughout the United States.

David has served employers of all sizes, from start-ups to Fortune 100 companies in all industries, including technology, research, accounting, architecture, education, marketing/advertising, communications, healthcare and engineering. As a result, he has represented an array of employers in the I-9 audit process (as well as other employment-based audits) including the establishment of I-9 compliance policies and programs, employer-initiated audits to test compliance and actual audits conducted by the government.

David is among a select few attorneys in Texas authorized to represent both the University of Texas System and the Texas A&M System. He also exclusively represents many other colleges and universities such as Baylor University and Texas Christian University.

Criminal defense attorneys throughout Texas rely on David for client issues involving crimes committed by foreign nationals, which include consultations throughout the criminal process for immigration consequences, representation in Immigration Court for individuals with past criminal charges or convictions, and habeas corpus relief in State and Federal Court for past criminal conduct. David has either personally represented or supervised cases for over 6,000 individuals in removal/deportation proceedings, asylum, adjustment of status, cancellation of removal and other applications for relief from deportation.

Since 1991, David has supervised every deportation case handled by the Firm and remains the responsible attorney for all deportation/removal cases and all cases involving litigation, including: administrative appeals, actions in Federal Courts, case negotiations with ICE and USCIS and applications for relief such as asylum, adjustment of status, cancellation of removal, and other complex litigation issues.

“I pursued Immigration Law because it is one of only two areas of practice in U.S. law that deals primarily with people and not money. I enjoy the opportunity to deal directly with people and have a real, positive impact on their lives and their families’ lives. And, a unique aspect of immigration law is that our opponent on every case is the Federal Government. There is a special feeling when you are able to overcome the power and resources of the Federal Government, whether the Immigration Service, Department of Labor or U.S. State Department, to force the Government to follow the law and treat people fairly and justly.”

Professional Recognitions / Associations / Memberships

AV®-rated, Board certified in Immigration and Nationality Law by the Texas Board of Legal Specialization
Member of the State Bar of Texas
Bar Admissions: Texas, 1986
U.S. District Court, Northern District Federal Courts and Fifth Circuit Court of Appeals
Member of the Society for Human Resource Management, 2013
Member of American Immigration Lawyers Association, 1991
Founder and past Chairman of the Global HR Professional Emphasis Group of the Dallas Human Resources Management Association (Dallas HR)
Past member of the Board of Directors of DFW International
Past member of the Board of Directors of Bent Tree Country Club

Education

Education:

Southern Methodist University School of Law, Dallas, TX
- Juris Doctor
University of Arkansas, Little Rock, AR
- B.A., Political Science

Accomplishments
- Successfully represented over 5,000 individuals in family immigration cases and naturalization/U.S. citizenship matters.
- Successfully represented thousands of new U.S. citizens through the entire naturalization/citizenship process including many complex cases involving criminal backgrounds, false document claims, and underlying problems with the original grant of permanent residence.
- Provided over 300 immigration seminars to international students and faculty at colleges, universities, and seminaries in Texas, Oklahoma, Arkansas, New Mexico and Mississippi.
- Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization since 1991.
- Licensed in the State of Texas to practice in all state courts, the Northern District of Texas Federal District Courts and the Federal Fifth Circuit Court of Appeals.
- Practice includes cases with the Immigration Service, Department of State, Department of Labor, the Executive Office for Immigration Review, the Administrative Appeals Office and the Board of Alien Labor Certification Appeals.
Landmark Cases
- In 2017, David Swaim won an important case in Federal court which overturned a denial of an I-140 petition under the EB-1(1) Extraordinary Ability category. The analysis used by the Court is also applicable to EB-1(2) Outstanding Professors and Researcher cases. The Court ruled that USCIS cannot apply the second step analysis of whether a person has reached the very top of their field of endeavor when evaluating whether the petitioner has met three of the ten regulatory criteria. To see the Court’s important decision, read here.
- Won an important case before the Federal Fifth Circuit Court of Appeals that helped establish the rule in Federal Court that the Fifth Amendment of the US Constitution and its “fundamental fairness” doctrine applies to deportation proceedings and all Immigration Judges. This case also helped establish the principle that Immigration Officers who testify in court may be forced to prove their expertise on the subject about which they are testifying. Hernandez-Garza v. INS, 882 F.2d 945 (5th Cir. 1989). Read case here.
- Obtained a Court Order from the Federal District Court for the Northern District of Texas that the USCIS is required by law to follow its own regulations as published regardless of the burden which it may place on the agency. This case involved the failure of USCIS to grant work authorization under the 90-day requirement as mandated by USCIS regulation and which applies to all work authorization requests filed with form I-765.
- Successfully represented over 50 asylum applicants from El Salvador in deportation proceedings. In all cases, the Firm’s client received either asylum (and later permanent residence) or permanent residence through labor certification and an employer sponsor.
- Successfully represented, in deportation proceedings, the first habeas corpus case in Texas for a claim of ineffective assistance of counsel in state criminal proceedings which was approved on appeal by the Texas Criminal Courts (by criminal defense attorney Craig Jett) and applied in deportation proceedings. This case formed the basis for hundreds of cases throughout Texas and other states for individuals in deportation proceedings to reopen prior criminal proceedings because they were not properly advised of the immigration consequences of their plea in those criminal proceedings. David has also appeared as an expert witness in many criminal hearings for writs of habeas corpus based ineffective assistance of counsel claims.
- Won asylum for a gay Iranian citizen convicted of a serious crime in the US.
- Obtained permanent residence for a family from Poland who had been denied asylum in the US many years before but remained eligible for permanent status through their US citizen daughter. The family was protected from deportation and ultimately received their green cards after appealing to the Fifth Circuit Court of Appeals.
- Successfully represented dozens of clients in mandamus actions in Federal District Court to force USCIS to timely adjudicate pending applications for adjustment of status, naturalization/US citizenship, and work authorization – including students at a North Texas university.
- Obtained the termination of deportation proceedings for clients arrested and detained for violation of status pursuant to the NSEERs program initiated after 9/11, which included successful arguments for writs of habeas corpus in Federal Court and successful adjustment of status applications in Immigration Court.
- Successfully appealed the denial of naturalization applicant who was denied because he innocently voted in an election since he was given a voter registration card while a permanent resident. The case was appealed to Federal District Court and ultimately dismissed by Joint Motion of our Firm and the US District Attorney representing the CIS. The naturalization case was approved several months later.
- Obtained the admission of a Canadian manager of a multi-national oil services company who we denied admission and excluded for a minor marijuana conviction over twenty years before the attempted entry. The appeal to Federal District Court in Houston was successful when the District Court Judge personally called the US Attorney for ICE and requested the case be resolved by admitting the Canadian citizen without the need for the further order from the Court. The US Attorney and ICE complied with this request from the Judge within two days.
- Prevented the deportation of a Pakistan national who had created a small business in the US and applied for L-1A status which was initially approved and then denied during the extension process. The Firm was retained to handle the case after denial of the extension by the Administrative Appeals Office of the USCIS. David filed a lawsuit in Federal District Court which resulted in a court order to USCIS to approve the L-1A extension. David also later obtained a court order which forced USCIS to change the status to E-2, and the client was ultimately granted permanent residence through the same business.

DAVID SWAIM

David Swaim Managing Partner

David Swaim is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization and has been the Managing Partner of Tidwell, Swaim & Farquhar since 1991.

David is among a select few attorneys in Texas authorized to represent both the University of Texas System and the Texas A&M System. He also exclusively represents many other colleges and universities such as Baylor University and Texas Christian University.

Professional Recognitions / Associations / Memberships

Education

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