Brian Aust has practiced as an immigration attorney for more than 25 years. Brian works on all types of immigration cases. He represents individuals in family-based immigration matters, asylum, naturalization and removal defense. Brian has a particular interest in working with LGBTQ+ clients. Brian is an active member of the American Immigration Lawyers Association (AILA) and frequent presenter at CLE’s on all types of immigration case types. Brian is fluent in Spanish.
Malinda Schmiechen is licensed to practice law in Minnesota and has been dedicated to improving the lives of people born outside the United States for over twenty years. Malinda understands the stress and strain of living outside your home country and traveling abroad because she lived in the former Yugoslavia and Poland and has visited countries in Africa, Central America, Asia and Europe.
USCIS approved an I-130 marriage petition filed by a US citizen on behalf of her Sierra Leonen spouse after questioning the couple’s marriage certificate in a Request for Evidence.
USCIS approved an I-751 waiver application for a Liberian client. Congratulations!
A U.S. District Court Judge granted a Russian client a Writ of Habeas Corpus Aust Schmiechen filed, releasing him soon after his unlawful detention.
In early 2026, amid Operation Metro Surge, Aust Schmiechen secured the release of multiple clients from immigration detention by winning habeas corpus cases in federal court. One of the clients, a single mother from Venezuela, was arrested without a warrant while attending an ICE check-in. She entered the United States as a refugee, filed a green card application after one year as required by the law, and had a completely clean criminal record. (cont. next column)
(cont. from previous column) Associate Attorney Luke Srodulski represented her through a green card interview in ICE custody, won an order for her release, and was there when ICE released her one week after her arrest. She is now a lawful permanent resident with a green card.
A District Court of Minnesota judge ordered a detained man’s immediate release after granting his habeas corpus petition and then forced ICE to remove his ankle monitor and return all his property to him after release.
USCIS granted I-360 Special Immigrant Juvenile Status for a young Honduran man with an outstanding removal order.
USCIS approved a waiver I-751 petition to remove conditions on permanent residence that was based on abuse and divorce after it had been pending for over 5 years.
A District Court of Minnesota judge granted a detained man’s habeas corpus petition, ordering the Immigration Court to provide a bond hearing to the man. Then, an immigration judge ordered the man’s release on a $2,500 bond just before New Year’s Eve, reuniting him with his young children and family.
The Chicago Asylum Office granted an Aust Schmiechen client from Ethiopia asylum. We are so thrilled for our client and his family!
USCIS granted a Dominican man a green card based on his marriage to a US citizen within less than three months from filing.
An Aust Aust Schmiechen client from Burkina Faso passed through a Credible Fear Interview and is allowed to prove his asylum case in the Immigration Court. We are so thankful!