What defines unlawful presence in immigration law?

Unlawful presence in immigration law is defined as staying in the United States without legal authorization, particularly when a person's visa has expired, which is exactly what the correct choice highlights.

When an individual enters the U.S. lawfully, they typically do so with a visa that allows for a specified duration of stay. If that individual stays beyond the expiration of their visa, they accrue unlawful presence. This can lead to serious immigration consequences, including the possibility of being barred from reentering the U.S. for a certain period.

In contrast, options like being issued a valid visa, applying for asylum, or obtaining a work permit imply legal status in the country, which does not contribute to unlawful presence. A valid visa allows lawful entry and stay, applying for asylum involves seeking legal protection, and obtaining a work permit means that the individual is authorized to work in the U.S. All of these situations represent compliance with immigration laws rather than a violation of them.