Brian Aust

Brian Aust is in his 19th year of representing immigrants and their families. Brian graduated from Hamline University School of Law in St. Paul in May 2000 and was admitted to the Minnesota State Bar in October 2000. He is also admitted to practice before the 8th Circuit Court of Appeals and the Federal District Court of Minnesota. Before partnering with Malinda Schmiechen in September 2012, Brian owned his own practice for more than 5 years. Brian is fluent in Spanish.

Brian is an active member of the Minnesota/Dakotas Chapter of the American Immigration Lawyers Association (AILA). He serves as a mentor to other AILA members seeking advice on consular matters and issues relating to family-based immigration. In the past he served as the chapter liaison between the immigration bar and the Minneapolis-St. Paul Field Office of U.S. Citizenship and Immigration Services for 2 years and has been involved in planning the local AILA chapter annual conferences on immigration law. Brian is also a frequent panelist and discussion leader at local CLE’s on a wide variety of immigration topics.

Brian works on all types of immigration cases. He represents individuals in family based immigration matters (marriage cases, fiancé(e) and other petitions), persons applying for asylum, employment based immigration including H-1B and Labor Certifications, removal (deportation) defense, U visas (victims of violent crimes) and naturalization. He also works on a number of complex matters that involved waivers (I-601’s, I-601A’s and I-212’s) before USCIS. Brian also has a special interest in representing LGBT clients. Many LGBT couples represented by Brian have been granted permanent residency based on their marriage.

Follow Brian on Twitter @austlawyer


Juris Doctor, Hamline University School of Law, St. Paul MN, 2000

Licensed to Practice Law in Minnesota

Admitted to the Federal Court of Appeals for the 8th Circuit

Community Involvement

Adjunct Professor in Immigration and Nationality Law, Spring 2020 Mitchell Hamline School of Law

American Immigration Lawyers Association Association, MN/Dakotas Chapter

Former Liaison to U.S. Citizenship and Immigration Service Field Office, St. Paul, MN (2008-2010)

The Advocates for Human Rights – Volunteer Attorney and Mentor

Immigration Equality Referral List

Member, Calvary Lutheran Church, Minneapolis, MN