Mr. David Swaim
Managing AttorneyTidwell Swaim & Associates
12770 Coit Road, Suite 700
Dallas, Texas 75251
Mr. David Swaim - Managing Attorney, Dallas, Texas
Attorney’s ProfileMr. Swaim began practicing immigration law with the Firm in 1986 and became the Managing Partner of the Firm in 1991. He has been Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization since 1991 as well. For the first five years of his practice, he concentrated his practice in the area of deportation and immigration litigation. Since 1991 he as supervised every deportation case handled by the Firm and remains the responsible attorney for all deportation/removal case and all cases involving litigation including administrative appeals, actions in Federal Courts, case negotiations with ICE and CIS, and applications for relief such as asylum, adjustment of status, cancellation of removal, and other complex litigation issues. He works with a number of selected criminal defense attorneys throughout Texas on issues involving crimes committed by noncitizens which include consultation 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. He has either personally represented or supervised the cases for over 3000 individuals in removal/deportation proceedings, asylum, adjustment of status, cancellation of removal and other applications for relief from deportation.
He has also successfully represented over 5000 individuals in family immigration cases and naturalization/US citizenship matters. These cases include marriage (permanent residence, K-3 nonimmigrants, and K-1 fiancés), parents of citizens, children (as derivatives, immediate relatives, adoptions and step children), as well as removal of conditions cases involving joint petitioners and marriages which have terminated. Included in these cases are appeals of denied marriage petitions, successfully overturning findings of marriage fraud by the CIS and Immigration Courts, as well separated and/or abused spouses. For naturalization/citizenship cases Mr. Swaim has successfully represented thousands of new US citizens through the entire naturalization process including many complex cases involving criminal backgrounds, false document claims, and underlying problems with the original grant of permanent residence.
Mr. Swaim is licensed to practice law in all Texas state courts, all states for immigration law and procedure, Northern District of Texas Federal District Courts, and the Fifth Circuit Court of Appeals Federal Appellate Court. He is a graduate of the Southern Methodist University School of Law and the University of Arkansas at Little Rock.
Among Mr. Swaim’s many accomplishments in these areas since 1986:
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 established the principle that Immigration Officers who testify in court may be forced to prove their expertise on the subject about which they are testifying.
Obtained a Court Order from the Federal District Court for the Northern District of Texas that the CIS 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 CIS to grant work authorization under the 90 day requirement as mandated by CIS 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) and some received 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 statues 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. Mr. Swaim 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 CIS 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 prior to 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 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 CIS. Mr. Swaim filed a lawsuit in Federal District Court which resulted in a court order to CIS to approve the L-1A extension. Mr. Swaim also later obtained a court order which forced CIS to change the status to E-2 and the client was ultimately granted permanent residence through the same business.