reentry into U.S. after overstay

[VictorD18]

I came to the U.S. in Sept 2015 on a Tourist visa. I decided to study further and applied to extend my non-immigrant status under application I - 539 in March 2016 but was declined in June 2016.
I then applied for I-589 Asylum in Oct 2017. The hearing was taking too much time and I exited the U.S. in Nov 2018 on my own accord and returned to India.

I got Canadian PR and entered Canada in Aug 2020 and have now become a Canadian Citizen.
I would like to know if I can enter the U.S. without any hindrance

 

[newacct]

You started accruing "unlawful presence" when your I-539 was denied in June 2016. You may or may not have been accruing unlawful presence while your asylum application was pending, but it doesn't matter, since it was more than 1 year between the I-539 denial and when you applied for asylum, so either way, you accrued more than 1 year of unlawful presence. Therefore, you triggered a 10-year ban under INA 212(a)(9)(B) when you left the US in Nov 2018. This ban will run out in Nov 2028.

If you wish to enter the US before Nov 2028, you will need a waiver. If you are immigrating to the US during this time, you will need an immigrant waiver, filed with I-601, as part of the immigration process, for which you will need to show that your US citizen or permanent resident spouse or parent will suffer extreme hardship if you can't be in the US. If you wish to enter the US as a nonimmigrant during this time, you will need a nonimmigrant waiver. Since you are a Canadian citizen, you do not need to apply for a US visa, but you will have to apply for a nonimmigrant waiver with I-192. Note that even if you have a nonimmigrant waiver, your entry on most types of nonimmigrant status can still be (and likely will be, given your history) denied for "failure to overcome the presumption of immigrant intent". After Nov 2028, you no longer have a ban, and do not need a waiver, but as always, entry as a nonimmigrant can still be denied for immigrant intent.