You should read about "Matter of Quilantan." Perhaps your attorney is going for a Quilantan adjustment. The most basic question in the case was, " Does someone who was never questioned at the border considered to have been inspected?" ( They must have been in plain sight and available to be inspected) there's more to it, but that's the quick version.
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Your attorney would be the best person to answer your question, since she knows all the facts of the case. Ask her detailed questions and have her explain her strategy in a way your can understand. Good luck.
[This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]
Impossible to predict and give a meaningful answer just based on the few sentences I read here. Your attorney, who, I hope, is eminently familiar with the facts of the case is in the best position to answer this. Not us here. That being said, the approval of a "waived through" case like you described will ultimately depend a great deal on the credibility of the documentary evidence presented (personal declarations from the individuals who witnessed before, during and after your husband's entry, details of the car, etc. ) , as well as husband's own declaration, and most importantly, husband's credibility as a witness during some very tough questioning at the upcoming USCIS interview and also, of course, the local policies the USCIS district where the interview will take place.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.