What should I do if my FOIA request has been pending for months with no documents and only a tracking number?

A long wait with nothing but a tracking number is frustrating, but it is common and there are concrete steps you can take. Under the federal Freedom of Information Act, an agency generally has 20 business days to make an initial determination on a request, though it may extend that period in limited “unusual circumstances,” and complex or voluminous requests often take much longer in practice. Importantly, a delay does not mean your request was denied. It usually means it is sitting in a processing queue.

First, confirm the basics

• Locate your tracking number and the date the agency acknowledged the request.
• Identify the correct FOIA office and point of contact for that agency.
• Re-read your original request to confirm it was clear and reasonably described the records you want. Vague or overly broad requests slow processing.

Contact the FOIA Public Liaison

Every federal agency has a FOIA Public Liaison whose job is to help requesters, reduce delays, and resolve disputes. Reach out with your tracking number and politely ask for a status update and an estimated date of completion. Liaisons can often explain where your request is in the queue and whether anything is holding it up.

Use OGIS for free mediation

If contacting the agency does not resolve things, the Office of Government Information Services (OGIS), part of the National Archives, offers free, impartial mediation services between requesters and federal agencies. OGIS can help open communication and move a stalled request forward without litigation.

Consider your appeal rights

If an agency formally denies your request, withholds records, or fails to respond within the statutory time, you generally have the right to file an administrative appeal with that agency, and ultimately to seek review in court. A prolonged failure to respond can sometimes be treated as a constructive denial, which may give you grounds to appeal.

Keep good records and stay persistent

Document every contact, date, and response. Follow up periodically and keep your tone professional. Persistence and a clear paper trail are your best tools.

Note that this guidance covers the federal FOIA. State public-records laws have their own timelines, contacts, and appeal processes, which vary considerably.

For more background, see our FOIA and public records topic.