Welcome to Aust Schmiechen P.A.

who we are

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Brian Aust

Brian Aust is in his 19th 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

May 2020- In February 2020, we highlighted the approval of a Pakistani client on whose behalf the I-130 was approved. In May, USCIS granted his I-601 waiver and his application to become a Lawful Permanent Resident based on his marriage to his U.S. Citizen spouse.

March 2020- A gentleman from Kenya was granted status as a Permanent Resident based on his marriage to his high school sweetheart who he had re-connected with here in the United States. 

Congratulations to our two clients who are now permanent residents. In 2015, USCIS granted two young sisters from Nigeria asylum. After 5 years, the clients were both finally issued Green Cards.

February 2020-  USCIS approved the I-130 Petition for Alien Relative filed by a US Citizen on behalf of their spouse. The difficulty with the case arose from the fact that USCIS wanted evidence that the foreign national spouse was no longer married since he had said he was married when he applied for his visa to come to the United States. The problem? He was never married. With the help of an attorney in the European country where the client applied for his visa, we were able to locate a “Certificate of Non-Marriage” to prove that our client was not previously married. Once obtained, USCIS reviewed the document showing that the foreign national spouse was in fact not previously married, and finally approved the I-130 a few weeks later.

January 2020 – In July 2009, our client from South Sudan was placed in removal proceedings and tried to apply for Lawful Permanent Residence based on marriage to a U.S. Citizen. Through a series of docketing issues / continuances and family-related matters, the case had not been resolved. After 11 years, the client was finally granted a Green Card by the Immigration Court.

December 2019 – In the fall of 2018, a client from Ghana was issued a Notice of Intent to Terminate his Conditional Lawful Permanent Resident Status, as it related to his pending I-751 application, alleging the client lied to gain entry to the United States. Aust Schmiechen filed a reply stating his entry was not achieved through fraud of misrepresentation. Yet, USCIS ignored our arguments by issuing a decision to terminate the client’s status and denied his I-751. However, the Minneapolis Office of USCIS eventually reopened the case. After this long wait, the client was issued a Green Card and he is now preparing to apply for his U.S. Citizenship. 

November 2019 -Congratulations to our clients from Ethiopia, Burma, Liberia and Germany who are becoming U.S. citizens this month.

October 2019 – The Chicago Asylum Office grants long time Aust Schmiechen clients asylum from Russia based on their political opinion and sexual orientation. 

July 2019 – A client from Mexico was granted Cancellation of Removal by an Immigration Judge here in Minnesota. The client has been in removal proceedings since January 2011 and the hearing was completed in December 2017. Since only 4,000 persons can be granted Cancellation of Removal each year, her case awaited a number so that it could be granted.

June 2019 – A client from Sudan was granted asylum. Her approval arrived a little over one month after the date of the interview with the Asylum Officer.

May 2019 – A Guatemalan client finally returned to the United States after being separated from his spouse and child for nearly three years. USCIS approved his I-212 and I-601 and he was able to come back just in time for his daughter’s quinceañera.

March 2019 – An Ethiopian client was issued his immigrant visa to come join his mother whom he has not seen in more than 12 years.

 

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