Rules are Rules my friend. See below. Best chance is for a waiver to be included as part of the DREAM Act.
Section 212(a)(1)(A)(i) of the Immigration and Nationality Act states that any foreign national with a “communicable disease of public health significance” which includes HIV, is “inadmissible.” This means that if you are HIV-positive, you can only obtain a “green card” if you qualify for a waiver. If you are HIV-positive and apply for legal permanent residence and do not qualify for a waiver, your application will be denied and you may be placed in removal (deportation) proceedings.
To qualify to apply for an HIV waiver, an applicant must be:
The spouse of a U.S. citizen or legal permanent resident; or
The unmarried son or daughter of a U.S. citizen or legal permanent resident; or
The minor, unmarried lawfully adopted child of a U.S. citizen; or
The parent of a son or daughter who is a U.S. citizen or legal permanent resident; or
Eligible to self-petition under the Violence against Women Act (i.e. the abused spouse of a U.S. citizen or legal permanent resident); or
A Refugee or Asylee who falls under a “humanitarian” exception to the HIV bar