Dedicated Exclusively to Immigration Law

LANGUAGES WE SPEAK

Español

Русский

Polski

한국어

Kiswahili

Soomaali

WHO WE ARE

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BRIAN AUST

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

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.

SERVICES

We can represent you in all immigration matters including:

Adjustment of Status (“Green Card”)

Adjustment of Status (“Green Card”)

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Asylum

Citizenship and Naturalization

Citizenship and Naturalization

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Consular Processing

Consular Processing

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DACA

Federal Litigation

Federal Litigation

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Family Immigration

Family Immigration

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Removal of Conditions on Residency

Removal of Conditions on Residency

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GLBTQ Matters

GLBTQ Matters

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Immigration Custody

Immigration Custody

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Notices of Intent to Deny/Revoke

Notices of Intent to Deny/Revoke

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Removal (Deportation) Defense

Removal (Deportation) Defense

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Special Juvenile Visas

Special Juvenile Visas

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Temporary Protected Status (TPS)

Temporary Protected Status (TPS)

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Waivers

Waivers

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Recent Victories

March 2026:

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!

February 2025:

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.

January 2025:

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)

January 2025:

(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.

December 2025:

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.

December 2025:

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.

November 2025:

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!

Quick Contacts

In order to help you more quickly, please fill out this quick form and submit, or email info@austschmiechen.com or call 612.724.4860. A representative of the firm will call you.

    Client Reviews

    Excellent service and professionalism
    Angel C.
    Malinda Schmiechen our Immigration attorney explained to us all requirements clearly. The communication and Updates were kept current. She is a very detailed person and very personable. I would definitely use her professional services again if needed. Malinda Schmiechen, nuestra abogada de inmigración nos explicó claramente todos los requisitos. La comunicación y las actualizaciones se mantuvieron al día. Es una persona muy detallada y muy agradable. Definitivamente usaría sus servicios profesionales de nuevo si fuera necesario.
    I would definitely recommend Brian Aust
    Mohamed S.
    to anyone who is looking for an ethical and caring immigration lawyer. He’s definitely the best attorney for immigration cases. We work with him during last two years and he was smooth and professional taking care of our case at the end the result was positive and everyone is happy cause of Brian. Thank you very much
    Such a wonderful, experienced and classic professional
    Alhassan O.
    Lawyer to be our Immigration Attorney. Malinda did marvelous job. Very knowledgeable in what is doing. During the period with Lawyer Malinda, she treated us as like her kids rather than client. we enjoyed every minute with Lawyer Malinda. We will never, never forget her services. Her candidness and scrupulous attention make us feel very relax. We will continue to seek her vast experienced services anytime. Malinda will be strongly recommended to anyone who has immigration issues. What a blessed Immigration Lawyer Malinda.
    Excellent Legal Services I had an excellent experience with Aust Schmiechen.
    Ikramuddin B.
    Malinda, as my attorney, was most professional, respectful and friendly. Her due diligence, meticulous attention to details, openness to understand the context of my claim and offer useful suggestions, and work ethic made sure we achieve our desired results. I am so grateful to Aust Schmiechen, and to Malinda in particular. I highly recommend this firm for your legal immigration assistance. You won’t regret it!
    Brian was always highly professional and communicated well.
    James & Ging R.
    We had a complicated same sex relationship that was challenged through the course of our petitions. Brian never gave up, and just kept in the ring with us always. I felt with Brian on our side we had a chance. Today my partner and I are together and he also just received his US citizenship. We began with Brian as our attorney and ended with a friend!

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