Welcome to Aust Schmiechen P.A.

who we are

Brian Aust

Brian Aust is in his 20th year of practice as an immigration attorney. 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 GLBT clients. Brian is an active member of the American Immigration Lawyers Association (AILA) having served as the chapter liaison between the immigration bar and the St. Paul Field Office of U.S. Citizenship and Immigration Services for 2 years. Brian is fluent in Spanish.

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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.

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Some Recent Victories

October 2021- USCIS approved the I-130 in a marriage-based case. The I-130 had been pending for more than 4 years because of concerns relating to the approvability of it and petitioner’s conviction for acts implicated by the Adam Walsh Act. After responding to a Notice of Intent to Deny, USCIS finally approved the I-130 allowing the case to proceed on to the next stage of the spouse applying for the immigrant visa.

September 2021- Congratulations to our Mexican client who won a waiver allowing her to overcome USCIS allegations of misrepresentation and become a permanent resident, by showing that her U.S. citizen husband would suffer extreme hardship if she were deported. We are thrilled for this family!

August 2021- An immigration judge granted a Russian client asylum! Warm congratulations to our client and their family!

Congratulations to our Afghan client who is now a Permanent Resident through his mother and can pursue his dreams of being an artist.

July 2021- Our office was overjoyed when we learned the Asylum Office had granted our Venezuelan client asylum this month! 

Congratulations to our Ethiopian client as the Immigration Judge granted his 237(a)(1)(H) waiver and releasing him from the Immigration Court.

A long-time Liberian U.S. resident received her Green Card after we successfully replied to a Request for Evidence from USCIS. Congratulations!

May 2021- A mother and daughter from El Salvador and Guatemala were granted Lawful Permanent Residency and will not have to return to Immigration Court in February 2022

Congratulations to our client from Jordan who is now has a Green Card through his marriage to his U.S. citizen wife.

April 2021- Long time Liberian client was granted a Green Card overcoming a Notice of Intent to Deny. Congratulations!

Congratulations to our Ethiopian/Canadian client who is now a Permanent Resident.

USCIS granted a Liberian client Permanent Resident Status under Liberian Refugee Immigration Fairness (LRIF) after issuing a Notice of Intent to Deny. USCIS initially made a finding that the client had made a “material misrepresentation” during her interactions with the agency. Arguing that the client had not in fact made any misrepresentations to the government, USCIS accepted the argument and approved the application. The client is now able to proceed to apply for naturalization since her grant dates back to her original date of entry, more than 5 years ago.

March 2021- Aust Schmiechen represented an Ethiopian who will be sworn applicant whose N-400 application had been pending since 2017. In December 2020, with the cooperation of attorney Marc Prokosch, Aust Schmiechen filed suit in federal district court asking that the court decide her application because USCIS had failed to make a decision in 120 days, as required by law. After years of waiting and because of the litigation against it, USCIS has agreed that this deserving client in eligible for naturalization and she will be sworn in in early April.

A Tunisian client who has lived in the United States since 1999 and was granted Permanent Resident status in 2016 was approved to be a U.S. Citizen and will be sworn in on May 5.

February 2021- Two Mexican clients were granted adjustment of status based on their marriage to U.S. Citizens.

A Liberian client was granted adjustment of status based on her approved VAWA petition.

The Chicago Asylum Office grants an Ethiopian client asylum based on her political opinion against the Ethiopian government and because she had been circumcised as a young girl.

A Canadian/Filipino client and their same-sex spouse had their I-751 Petition to Remove Conditions approved by USCIS without an interview in 8 months. The USCIS Service Center that approved the I-751 is currently reporting normal processing times of 13-27.5 months.

January 2021- Congratulations to Aust Schmiechen clients from Lebanon and Kenya who just became U.S. citizens. We are grateful they have chosen to be part of our community as citizens.

December 2020- We are overjoyed the Asylum Office has just granted asylum to our client from Syria.

Congratulations to our Cuban client to whom USCIS just granted a Green Card after he filed an I-212 to waive his expedited removal order, traveled to the U.S. on a K-1 (fiancé) visa and married his U.S.C. wife!

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