Can a non-citizen or foreign national file a FOIA request for U.S. government records?

Citizenship Is Not Required

The federal Freedom of Information Act (FOIA) gives “any person” the right to request access to federal agency records. In practice, this means you do not have to be a U.S. citizen to file a FOIA request. Non-citizens, foreign nationals, lawful permanent residents, and people living outside the United States may all submit requests. Organizations — including foreign corporations, universities, and media outlets — can request records as well.

What matters is not who you are, but what you ask for and how you ask. A FOIA request should reasonably describe the records you seek and follow the receiving agency’s procedures for submitting and (where applicable) paying fees.

Practical Considerations for Foreign Requesters

While eligibility is broad, a few points are worth keeping in mind:

• Identity and verification. For most general FOIA requests, you do not need to prove citizenship or identity. However, if you are seeking records about yourself, an agency may ask for proof of identity before releasing personal information.
• Privacy Act distinction. The Privacy Act, which governs records the government keeps about individuals, generally protects U.S. citizens and lawful permanent residents. Non-citizens typically rely on FOIA rather than the Privacy Act for access to records about themselves.
• Fees and delivery. Agencies may charge search, review, or duplication fees, and these apply regardless of nationality. Plan for how records will be delivered if you are abroad.
• Exemptions still apply. Citizenship does not change which records can be withheld. FOIA’s exemptions (for example, classified national security information or law enforcement materials) apply to every requester equally.

Timing and State Laws

For federal requests, agencies generally have 20 business days to respond, although complex requests can take longer. If you encounter problems, the Office of Government Information Services (OGIS) offers FOIA mediation services.

Keep in mind that FOIA covers only federal records. State and local public-records laws are separate, and their rules — including whether non-residents or non-citizens may request records — vary by jurisdiction.

For more on access rights and the request process, see our FOIA and public records topic.