Yes. Section 212(a) (1) (A)(i) of the Immigration and Nationality Act bars the admission to the United States of any foreigner national that has been diagnosed with certain specific illnesses.

The Department of Health and Human Services (HHS) on November 2, 2009, published a final rule in the Federal Register removing Human Immunodeficiency Virus (HIV) infection from the list of illnesses that make a foreign national inadmissible and unable to get a green card.

The rule took effect on January 4/2010. Therefore, having an HIV infection will no longer make a foreign national inadmissible and therefore ineligible for a green card. There is no need for a waiver.